Federal Alcohol and Drug Testing Requirements

              REASONABLE SUSPICION TESTING
-ALCOHOL (49 CFR 382.307)
• Reasonable suspicion of alcohol use must be based on
specific, contemporaneous, articulable observations
concerning:
– Appearance;
– Behavior;
– Speech; or
– Body odors of the driver.
• Required observations shall be made by a supervisor
or company official trained in accordance with 49 CFR
382.603. This person cannot conduct the alcohol test.
• Test must be administered within two hours or a record
must be prepared and maintained stating
why it was not properly administered.
• If not administered within eight hours, all attempts to
administer the test will cease and a record prepared and
maintained stating why it was not properly administered.
REASONABLE SUSPICION TESTING –
CONTROLLED SUBSTANCES (49 CFR 382.307)
• Employer must keep a written record of the observations
leading to a controlled substances test.
• It must be signed by the supervisor or company official
who made the observation within 24 hours of the ob-served
behavior or before the results of the test are re-leased,
whichever is earlier.
RETURN TO DUTY TESTING (49 CFR 382.309)
• Each employer shall ensure that before an employee
returns to duty after violating:
– Any of the alcohol misuse provisions -
– Employee has undergone a return to duty alcohol
test with a result of less than 0.02%.
– Any of the controlled substances provisions -
– Each employee has undergone a return to duty
controlled substances test with a negative result.
FOLLOW-UP TESTING (49 CFR 382.311)
• Each employee identified as needing assistance in
resolving problems associated with alcohol misuse or
controlled substances use shall be subject to at least
six unannounced follow-up tests in the first 12 months
following the employee’s return to duty.
• Substance abuse professional (SAP) can direct addi-tional
testing during this period or for an additional
period of time up to a maximum of 60 months from
the date the employee returns to duty.
• If SAP has cause, both alcohol and controlled substances
testing can be administered during follow-up testing.
• Requirements regarding safety-sensitive functions are
in effect.
ACCESS TO FACILITIES AND RECORDS
(49 CFR 382.405(f))
• Records shall be made available to a subsequent em-ployer
upon receipt of a written request from a driver.
RECORD RETENTION AND CONFIDENTIALITY
OF TEST RESULTS (49 CFR 382.401)
Each employer is required to maintain records of its alcohol
misuse and controlled substances use prevention program.
• Five year retention includes:
– Records of driver alcohol test results indicating an
alcohol concentration of 0.02 or greater,
– Records of driver verified positive controlled
substances test results,
– Documentation of refusals to take required alcohol
and/or controlled substances tests,
– Driver evaluation and referrals,
– Calibration documentation,
– Records related to the administration of the alcohol
and controlled substances testing programs, and
– A copy of each annual calendar year summary
required by 49 CFR 382.403.
• Two year retention includes:
– Records related to the alcohol and controlled sub-stances
collection process (except calibration of
evidential breath testing devices).
• One year retention includes:
– Records of negative and canceled controlled sub-stances
test results (as defined in 49 CFR 40) and
alcohol test results with a concentration of less than
0.02 shall be maintained for a minimum of one year.
• Indefinite retention includes:
– Records related to the education and training of
breath alcohol technicians, screening test technicians,
supervisors, and drivers shall be maintained by the
employer while the individual performs the functions
which require the training and for two years after
ceasing to perform those functions.
For information regarding US DOT alcohol and drug
testing requirements go to www.fmcsa.dot.gov/
rules-regulations/topics/drug/engtesting.htm
State of Illinois
Illinois Department of Transportation
Printed by authority of the State of Illinois, 0788-10, 05/10, 500
1340 N. 9th Street
P.O. Box 19212
Springfield, Illinois 62794-9212
217/785-1181
www.dot.il.gov/safety.html