What Must a DOT Drug and Alcohol Policy Include?

DOT agency rules list what an employer's written drug and alcohol policy, or the materials given to covered employees, must cover. The lists are close but not identical.

FMCSA. Motor carriers give each driver educational materials before testing starts and again when a driver is hired or transferred into a CMV position (49 CFR 382.601(a)). The materials must discuss at least:

• The person designated to answer driver questions
• The categories of covered drivers and the safety-sensitive functions that trigger the rules
• Prohibited conduct and the circumstances for each test, including post-accident testing
• Testing procedures and the requirement to submit to tests
• What counts as a refusal to test and its consequences
• Consequences of a violation, including immediate removal and the Part 40 return-to-duty process, and of an alcohol result of 0.02 to less than 0.04
• The effects of alcohol and drug use, signs of a problem, and ways to intervene, including referral to an employee assistance program
• The Clearinghouse reporting requirements (49 CFR 382.601(b))

Each driver signs a certificate of receipt, which the employer keeps (49 CFR 382.601(d)). Any company rule that goes beyond Part 382 must be clearly described as based on the employer's independent authority (49 CFR 382.601(c)).

FTA. The local governing board of a transit employer adopts an anti-drug and alcohol misuse policy statement and makes it available to each covered employee. Its required content covers most of the same items, other than the Clearinghouse and health effects items, and adds a statement that a refusal violates the employer's policy. The employer informs employees of any program elements that FTA does not require (49 CFR 655.15).

PHMSA. Pipeline operators maintain and follow a written anti-drug plan and a written alcohol misuse plan. The anti-drug plan includes compliance procedures, the name and address of each laboratory, the MRO and SAP, and procedures for notifying employees of the plan (49 CFR 199.101, 49 CFR 199.202).

Employee awareness training is a separate requirement covered in DOT drug and alcohol awareness training.