CDL Drug Testing Requirements and Rules for Drivers

For commercial drivers (CDL), there are many educational resources on how to drive large vehicles (which often weigh more than 10,000 lbs), as well as what to do on the road, such as taking plenty of rest breaks and obeying all traffic laws. Although there are many benefits to these platforms for commercial drivers, one should be aware that they are not the only considerations. In addition to safe driving practices, CDL drug testing requirements are a core compliance area for anyone operating commercial motor vehicles.

According to the Federal Motor Carrier Safety Administration, the 1991 Omnibus Transportation Employee Testing Act also requires the Department of Transportation to integrate DOT drug and alcohol testing for all transportation employees.

It should be noted that this inclusion falls under 49 CFR Part 40 (often cited as 49 CFR Part 40), often known as simply “Part 40.” These standards specifically relate to how testing should be conducted as well as the manner in which an agency can return employees to duties after a Department of Transportation drug and alcohol regulation has occurred.

Who is Affected by These Regulations

The following groups are directly affected by the regulations:

• Any agency that employs CDL drivers who will drive commercial motor vehicles on public roads.
• CDL drivers themselves who operate motor vehicles on public roads.
• Interstate and Intrastate motor carriers.
• Federal, state, and local governments.
• Civic organizations, such as Boy/Girl Scouts, disabled veteran transport, and so on.
• Faith-based organizations.

Tested Substances

According to the Department of Transportation (49 CFR Part 40 Subpart F), the following five classes of drugs will be tested:

• Marijuana
• Cocaine
• Opiates (opium and codeine derivatives)
• Amphetamines and Methamphetamines
• Phencyclidine — PCP
• Alcohol concentration of 0.02 testing

It is equally important to note that the methodology of drug testing can include testing for other drugs and accepting specimens other than urine.

Testing for Truck Drivers

As noted by the Federal Motor Carrier Safety Administration, the testing procedures can be very “extensive.” Under FMCSA drug testing rules, drivers and employers must follow specific steps for collection, laboratory testing, and Medical Review Officer review. To this end, the FMCSA website offers a few invaluable resources that allow drivers and agencies to understand what goes into testing, the components necessary for testing for the presence of drugs and alcohol, and what to expect during a urine test administration.

Testing Positive and Testing Refusal

In addition, the website indicates that failure to pass a drug test or outright refusal to take one is grounds for removing the driver from performing all driving duties involving safety-sensitivity. Admittance back into performing duties would require completion of the DOT return-to-duty process, including evaluation by a Substance Abuse Professional (SAP), a negative return-to-duty test, and follow-up testing as directed by Part 40.

All the elements outlined above allow commercial drivers to understand the full measures that the Department of Transportation and the Federal Motor Carrier Safety Administration have taken to ensure the safety of drivers and those they encounter on the road. With the large number of freeways and the influx of drivers in the United States, these measures are essential to ensuring a safer driving population.

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About Greg Baumgartner

Greg Baumgartner is a truck accident lawyer helping victims with serious injury or families with wrongful death cases. Contact Greg Toll Free 1-866-758-4529