Regulation Breakdown

Whether you are a safety manager with a large national fleet or an owner-operator running your own business, you are responsible for maintaining your company’s compliance with a wide variety of Federal Motor Carrier Safety Regulations. Foley is here to help. The table below outlines key regulation requirements and provides our recommended solutions for maintaining compliance. For more information, please call a Compliance Specialist at 1-800-253-5506

DOT Drug and Alcohol Testing Program Implementation Checklist

Important Note: This checklist covers the initial implementation of a DOT Drug and Alcohol Testing Program. You will need to engage in regular activity to maintain compliance over time. This will include several of the tasks listed below. For example, you will need to provide required training for new supervisors and you will need to conduct pre-employment tests for new safety-sensitive employees.

Read the Quickstart Guide
Spend a few minutes reviewing the information as it provides you with the basic information you need to get your program up and running.

Review Designated Employer Representative Requirements with your DER

The Designated Employer Representative (DER) will receive random notifications from Foley, and will send covered employees out for testing. Review Form DAT-25 — Non-Supervisory DER for Drug and Alcohol Testing Purposes to ensure that your DER understands his or her responsibilities. If this DER has supervisory authority over your drivers, he or she will need to complete Supervisor Reasonable-Suspicion Training and will be responsible for removing employees from safety-sensitive duties.

Issue Policy

Issuing the policy is a DOT requirement. Follow these 5 simple steps to get your policy in place.

1. Review Foley’s Standard Policy. Ensure Section 9, Employer’s Independently Authorized Consequences and Requirements and Section 10, Employer’s Independently Authorized Financial Responsibilities represent your business needs.
2. Print, duplicate and distribute your policy to all safety-sensitive employees.
3. Conduct company-wide training. Training is an important opportunity to educate safety-sensitive employees about the DOT Drug and Alcohol Testing Program.
4. Collect and Retain Form DAT-4 — Acknowledgment of Receipt and Review of Employer’s Controlled Substances and Alcohol Policy and Educational Materials. This document is the last page of the policy. It must be completed by all drivers — even owner-operators of one-driver companies.
5. File each Form DAT-4 in a secure location.

Complete Pre-Employment Testing

You must have a negative pre-employment drug test result before an employee is allowed to drive or perform other safety-sensitive duties for you. This requirement also applies to you if you are a driver.

Complete Reasonable-Suspicion Training

1. Conduct Supervisor Reasonable-Suspicion Training (if required). All supervisors of DOT-regulated safety-sensitive employees must complete one hour of training on controlled substances and one hour of training on alcohol. Foley provides a self-study program to help you meet this requirement.
2. Complete Form DAT-5 — Supervisor Reasonable-Suspicion Training Certificate (if applicable). Issue certificates to all supervisors who have completed Reasonable-Suspicion Training.
3. File Form DAT-5 in a secure location (if applicable).

Complete Post-Accident Training

Administer training using your Program Manual, included on the enclosed CD, to meet 49 CFR Part 382.303, which requires an employer to provide drivers with necessary post-accident information, procedures and instructions prior to the driver operating a Commercial Motor Vehicle (CMV).

Prepare for Random Testing

Ensure that your DER has access to a secure email and has a secure place to store drug and alcohol testing information. Ensure that the DER is aware of the Random Drug and Alcohol Testing procedures outlined in the materials below.