Employers must conduct drug testing at a rate of 50% starting January 1st, 2024.

Yes, Any employee, full or part-time, must be in 1 or more pools if he/she performs safety sensitive functions for single/multiple employers. 49 CFR, Part 40.1 states that this includes “all transportation employee including self-employed (owner operator), contractors and volunteers (churches/scouts, non-profits) as covered by DOT regulations.” Federal drug and alcohol testing management is an employer, not employee responsibility. 

A blood alcohol level of .02 is a violation while performing DOT regulated safety sensitive functions. An employer is required to remove this employer from safety sensitive function until their next regular schedule shift. A blood alcohol of .04 or higher is treated just like a failed drug screen. Go to the section of Substance Abuse professional for guidance on failed drug and/ or alcohol screens.

For non-CDL persons, the employer would be required to set expectation or standard within their company Drug & Alcohol Policy with reference to how the policy will be enforced. 

Note: When off duty, your employee is treated like any other citizen and is subject to local government BAC limitations. Example: WI is .08.

The Clearinghouse is a secure online database that will give employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information will also be recorded in the Clearing house.

The Clearinghouse will go into effect on January 6, 2020