Controlled Substance/Alcohol Testing (FMCSR Part 382)

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General Information

A Controlled Substances and Alcohol Testing Program is required for all motor carriers, including owner-operators, who operate vehicles which require a CDL.

The Controlled Substances and Alcohol Testing Program consists of pre-employment, random, and post-accident testing along with specialized testing required to return drivers to full duty.

Along with required testing, the motor carrier is required to have supervisors who are trained to detect if any of their drivers may be under the influence of any controlled substances or alcohol while on duty.

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Related Federal Regulations

Required Tests

  1. Pre-employment testing - A controlled substance test performed prior to driving a CMV. (FMCSR Part 382.301)
  2. Random testing - Controlled Substance and Alcohol tests which are performed throughout the year and selected randomly at the required rate.(FMCSR Part 382.305)
  3. Post-accident testing - Controlled Substance and Alcohol tests performed following a CMV accident which requires such testing. (FMCSR Part 382.303)
  4. Return to Duty and Follow-Up testing - Controlled Substance or Alcohol test performed as part of the requirements when a driver tests positive. (FMCSR Part 382.309 and 382.311)
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Required Training

Along with required testing, the motor carrier is required to have supervisors who are trained to detect if any of their drivers may be under the influence of any controlled substances or alcohol while on duty. (FMCSR Part 382.603)

Required Policy

Carriers must provide each driver with a company policy regarding its Controlled Substance and Alcohol program which meets the requirements of the regulations. (FMCSR Part 382.601)

Intrastate Commerce Exemptions

Colorado Adoptions (42-4-235(4)(a) C.R.S.)

Applies only to carriers operating within Colorado (intrastate commerce)

Part 382 has been adopted for intrastate carriers with the no modifications: