FMCSA Compliance Requirements - Who Covers?

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We are often asked which employees must be included in the FMCSA DOT drug and alcohol testing program. FMCSA guidelines govern anyone who operates a commercial motor vehicle as defined in §382.107 in intrastate or interstate commerce and is subject to the CDL requirements of 49 CFR Part 383. 382.107 is defined as follows:

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used for the commercial transportation of passengers or property, if the vehicle

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Commercial motor vehicle means a motor vehicle or combination of motor vehicles used for the commercial transportation of passengers or property, if the vehicle

Gross combined weight rating or gross combined weight of 11,794 kg or more (26,001 lbs or more), whichever is greater, including gross vehicle weight rating or towing units with gross vehicle weight exceeding 4,536 kg (10,000 lbs), whichever is greater; or

Gross vehicle weight class or gross vehicle weight of 11,794 kg or more (26,001 lb or more), whichever is greater; or

Designed to transport 16 or more passengers, including the driver; or

Unlimited size for transporting hazardous materials under the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and requiring motor vehicles to be placarded under the Hazardous Materials Regulations (49 CFR) Part 172, Subsection F)

It is important to note that individuals with only a CDL license are not required to be included in the FMCSA DOT drug and alcohol testing program; individuals must operate a commercial motor vehicle as defined above.

For DOT drug and alcohol testing: https://gomdnow.com/RandomConsortium

FMCSA Required Training

49 CFR 382.603 is the applicable regulation that requires supervisors of commercial motor vehicle drivers who drive vehicles requiring a commercial driver's license to receive 60 minutes of training on symptoms of alcohol abuse and an additional 60 minutes of training on symptoms of controlled substance use (120 minutes). The purpose of this training is to teach supervisors to identify situations and indicators that may reasonably suspect a driver is using or being under the influence of alcohol or drugs, and supports recommending employees for testing.

If you operate a vehicle that requires CDLs on public roads and you have more than one employee in your company, you will need DOT supervisor training. Owner-operators are not trained by DOT supervisors. However, owner-operators are still required to register with the consortium for DOT drug and alcohol testing.

FMCSA-regulated employers must provide their drivers with educational materials and policies and procedures regarding the FMCSA DOT regulations on drug and alcohol use. FMCSA 382.61 lists what is required to be provided to the driver.

The Center for Drug Testing in the United States offers comprehensive programs that comply with DOT FMCSA regulations. Policies and procedures are available to our clients. Training and education are available through computer-based online training.

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⏰ Last updated: May 30, 2022 ⏰

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