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Employer Obligations

Each employer must provide educational materials that explain the drug and alcohol testing requirements, as well as company policies and procedures with respect to meeting those requirements. These materials must then be distributed to each driver hired, and must include at least the following:

  1. The identity of the person designated by the employer to answer driver questions about the materials.
  2. The categories of drivers who are subject to the regulations.
  3. Sufficient information about the safety-sensitive functions performed by the drivers to make clear what period of the workday the driver is required to be in compliance with the regulations.
  4. Specific information concerning driver conduct that is prohibited by the regulations.
  5. The circumstances under which a driver will be tested for alcohol and/or controlled substances, including post-accident testing.
  6. The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, including post-accident information, procedures, and instructions.
  7. The requirement that a driver submit to alcohol and controlled substances tests administered in accordance with these rules.
  8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the consequences.
  9. Consequences for drivers testing positive, including the requirement that the driver be removed immediately from safety-sensitive functions, as well as referral, evaluation, and treatment.
  10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater, but less than 0.04. Check the current for alcohol testing rates as these rates change periodically. Go to the following under part 382.201.
  11. Information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or controlled substances problem (the driver’s or a co-worker’s); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management.

These educational materials may also include additional employer policies with respect to the use of alcohol or controlled substances, including any consequences for a driver found to have a specified alcohol or controlled substances level, which are based on the employer’s own authority – independent of the regulations. ANY and ALL such additional policies and/or consequences (above and beyond those of the rules) MUST be clearly and obviously described as being based on independent authority.

Tip: Many drug and alcohol testing programs and consortiums have these items available if you are a member.

Professional Safety Consulting

Professional Safety Consulting