Does possession of a Commercial Drivers License (CDL) automatically place the holder into the DOT drug and alcohol testing program?

A number of employers have asked a variation of this question and we will try to answer some of their concerns. First, the mere possession of a CDL does not automatically require the individual to be included in a DOT drug/alcohol testing program.

A simple question to answer: does the individual have a CDL and does that individual drive a Commercial Motor Vehicle (CMV)? If the answer is "yes" to both of these, then you must place that individual into a DOT testing program.

However, here are some of the areas that cause confusion. As an employer, you must know the DOT definition of a CMV. For purposes of drug/alcohol testing, this is a vehicle that has a gross weight (or combination weight) rating of 26,001 or more pounds; or is designed to transport 16 or more passengers, including the driver; or is of any size and is used in transporting hazardous materials requiring a placard under the Hazardous Materials Regulations (49 CFR par 172, subpart F).

So, where is the confusion coming from? Here are some of the questions raised by employers.

Situation #1. An employee has been working for me for several years and just recently obtained a CDL. Do I have to test this employee?

Answer: Only if this individual will now be driving a CMV. Having a CDL does not require drug testing unless that person also drives a vehicle as defined above.

Situation #2. This same individual has been in my company non-DOT drug testing program for a number of years. Do I still have to conduct a pre-employment drug test?

Answer: Yes. You must conduct a DOT pre-employment test before placing that individual into a DOT defined safety-sensitive position (i.e., driving); company tests may not be used in place of a DOT test.

Situation #3. I have some individuals who hold a CDL and volunteer to drive passenger vehicles (more than 16 passengers) for a non-profit organization. Do they have to be tested under DOT requirements?

Answer: Yes. The definition of “driver” in 382.107 and the definition of “employee” in 383.5 both include “any” operator or person who operates a CMV; there are no exceptions for volunteer drivers.

Situation #4. I have several supervisors with CDLs who are on call to drive if one of the regular drivers is not available. This happens rarely; do I still have to have these supervisors in a random testing pool?

Answer: Yes. These individuals must be in a random testing pool at all times, just like a full-time driver. A drug test must be administered each time the individual’s name is selected from the testing pool – even if they are not scheduled to drive. DOT considers these individuals ready to perform a safety-sensitive function at any given time, and therefore, they are subject to drug testing.

Situation #5. Are these individuals also subject to alcohol testing?

Answer: Alcohol testing may only be conducted just before, during, or just after the performance of safety-sensitive functions. If the individual’s name is selected, the employer must wait until the next time the employee is performing a safety-sensitive function, just before, or just after performing a safety-sensitive function, to administer an alcohol test. If a random selection period expires before the individual performs a safety-sensitive function, no alcohol test should be conducted; the individual’s name is returned to the random testing pool, and the number of individuals subsequently selected for alcohol testing should be adjusted accordingly to achieve the required testing rate.

Situation #6. If an individual (driver) is off work due to a temporary lay-off, illness, injury or vacation, should I remove that individual’s name from the random testing pool?

Answer: No. The individual’s name should not be removed from the random testing pool so long as there is a reasonable expectation of the individual returning to work.

Situation #7. Can I combine my DOT regulated employees with non-DOT employees into one random testing pool?

Answer: No. DOT is very specific that DOT regulated employees are to be separated from any non-DOT employees in the implementation of the drug and alcohol testing program.

As you can see, there are a lot of scenarios that frequently confuse employers. As an employer, if you run into a situation where you are unsure if DOT testing is required, refer back to the Federal rules – they really do contain most of the answers. Otherwise, call your Third Party Administrator; they are knowledgeable about all of the various rule requirements and will guide you through this complex maze.