Which Alcohol Tests Does FMCSA Require, and Is Pre-Employment Alcohol Testing Optional?

FMCSA alcohol testing covers CDL drivers in five required situations, plus one optional one. The rules sit in Part 382 Subpart C, and the testing itself follows the breath and saliva procedures in 49 CFR Part 40. The consequences of a result are covered in FMCSA prohibited drug and alcohol conduct. This FAQ focuses on which tests a carrier must run.

Required alcohol tests.

• Post-accident. After a qualifying accident, the driver is tested for alcohol within 2 hours if possible, and attempts stop after 8 hours (49 CFR 382.303). A fatality triggers a test, and so does an accident with injury treatment away from the scene or a disabling-damage tow-away when the driver gets a citation. The FMCSA post-accident testing FAQ covers the triggers.
• Random. Drivers are tested at the minimum annual rate set by FMCSA, currently 10 percent of the average number of driver positions for alcohol. Random alcohol tests are given only just before, during, or just after safety-sensitive functions (49 CFR 382.305(b) and (m)).
• Reasonable suspicion. A trained supervisor's specific observations trigger a test, subject to the 2-hour and 8-hour limits (49 CFR 382.307).
• Return-to-duty. After a violation, the driver takes a return-to-duty alcohol test under Part 40 Subpart O when the SAP calls for it (49 CFR 382.309).
• Follow-up. The SAP sets follow-up alcohol testing as part of the follow-up plan (49 CFR 382.311).

Pre-employment alcohol testing is optional. A carrier may, but is not required to, run pre-employment alcohol tests (49 CFR 382.301(d)). This differs from the FMCSA pre-employment drug test, which is mandatory. A carrier that chooses to run pre-employment alcohol tests must follow five conditions:

• Test each covered employee before the first performance of safety-sensitive functions, whether a new hire or a transfer into a safety-sensitive job.
• Treat covered employees the same, so it may not test some and not others.
• Test only after a contingent offer of employment or transfer.
• Use the Part 40 alcohol testing procedures.
• Keep the employee out of safety-sensitive functions unless the result is below 0.04.

Why the choice matters. A carrier that tests some new hires and not others violates 382.301(d)(2). Whichever approach a carrier picks belongs in its written policy and is applied consistently.

Results that call for action. A result of 0.04 or greater is a violation (49 CFR 382.201). A result of 0.02 to less than 0.04 removes the driver from safety-sensitive functions for at least 24 hours (49 CFR 382.505). Both rules apply to any of the required tests above.