How Does an FMCSA Voluntary Self-Identification Program Work?

FMCSA allows motor carriers to set up a voluntary self-identification program that lets a commercial driver admit an alcohol or drug problem before it leads to a violation. A qualified program is optional. When a carrier has one and a driver uses it correctly, the admission does not trigger the referral, evaluation and treatment requirements of 49 CFR Part 382 and 49 CFR Part 40 (49 CFR 382.121(a)).

Conditions for the driver. The exception applies only if:

• The admission follows a written, employer-established program or policy that meets the rule
• The driver does not self-identify to avoid a required test
• The driver admits the use before performing a safety-sensitive function, meaning before reporting for duty
• The driver does not perform safety-sensitive functions until the employer is satisfied the driver has been evaluated and has completed education or treatment under the program (49 CFR 382.121(a))

Required program elements. A qualified program must:

• Prohibit adverse action against a driver who makes an admission within the program
• Give the driver sufficient time to seek evaluation, education or treatment
• Allow return to safety-sensitive duty only after successful completion of education or treatment, as determined by an employee assistance professional, substance abuse professional or qualified drug and alcohol counselor
• Require a non-DOT return-to-duty test before the driver performs safety-sensitive functions, with an alcohol concentration below 0.02, a verified negative drug result, or both (49 CFR 382.121(b))

A program may include monitoring and non-DOT follow-up testing (49 CFR 382.121(b)(5)).

How it relates to actual knowledge. An admission is one way an employer gains actual knowledge of a violation. An admission made under a qualified 382.121 program is excluded from that definition (49 CFR 382.107). It is also excluded from the evidence supporting a Clearinghouse report of an actual knowledge violation (49 CFR 382.705(b)(5)(vi)).

The return-to-duty and follow-up tests under a self-identification program are non-DOT tests, so they follow the non-DOT testing rules and use non-DOT forms (49 CFR 40.13).