Frequently Asked Questions
Who is covered by the Drug and Alcohol Regulations? All drivers who operate commercial motor vehicles that require a commercial driver's license under 49 CFR Part 383 are subject to the FMCSA's drug and alcohol regulation 49 CFR Part 382. Click the following link to determine if you are covered by this regulation, or Drug and alcohol regulations of another DOT Agency.
What is a Safety Sensitive Function? “Safety-sensitive function” means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions include: - All time at an employer terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer; - All time inspecting equipment as required by §392.7 and §392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; - All time spent at the driving controls of a commercial motor vehicle in operation; - All time, other than driving time, in or upon any commercial motor vehicle; - All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and - All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
What is a Safety Sensitive Function? “Safety-sensitive function” means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions include: - All time at an employer terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer; - All time inspecting equipment as required by §392.7 and §392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; - All time spent at the driving controls of a commercial motor vehicle in operation; - All time, other than driving time, in or upon any commercial motor vehicle; - All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and - All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
TERMS YOU SHOULD KNOW
“Commercial Motor Vehicle” (§382.107) a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle – has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds or is designed to transport 16 or more passengers, including the driver. - “Controlled substances” In the regulation, the terms “drugs” and “controlled Substances” are interchangeable and have the same meaning. DOT agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine (§ 40.85). - “Designated Employer Representative” (DER) is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate action(s) to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee. Service agents cannot serve as DER. - “Driver” means any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, substitute, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. - “Medical Review Officer” (MRO). A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results. - “Performing” a safety-sensitive function means any period in which a covered employee is actually performing, ready to perform, or immediately available to perform any safety-sensitive function. - “Reasonable suspicion” is the determination, by a Supervisor trained in the recognition of drug use and alcohol abuse in the workplace, that an employee has violated the prohibitions concerning alcohol and/or controlled substances. The determination must be based on Specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. - “Substance Abuse Professional” (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. MISD will provide a listing of SAPs to each employee who violates a DOT drug and alcohol regulation.
“Commercial Motor Vehicle” (§382.107) a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle – has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds or is designed to transport 16 or more passengers, including the driver. - “Controlled substances” In the regulation, the terms “drugs” and “controlled Substances” are interchangeable and have the same meaning. DOT agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine (§ 40.85). - “Designated Employer Representative” (DER) is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate action(s) to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee. Service agents cannot serve as DER. - “Driver” means any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, substitute, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. - “Medical Review Officer” (MRO). A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results. - “Performing” a safety-sensitive function means any period in which a covered employee is actually performing, ready to perform, or immediately available to perform any safety-sensitive function. - “Reasonable suspicion” is the determination, by a Supervisor trained in the recognition of drug use and alcohol abuse in the workplace, that an employee has violated the prohibitions concerning alcohol and/or controlled substances. The determination must be based on Specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. - “Substance Abuse Professional” (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. MISD will provide a listing of SAPs to each employee who violates a DOT drug and alcohol regulation.
Frequently Used Acronyms
ASD Alcohol Screening Device BAT Breath Alcohol Technician CDL Commercial Driver's License CMV Commercial Motor VehicleDER Designated Employer RepresentativeDHHS Department of Health and Human ServicesEBT Evidential Breath Testing Devise MRO Medical Review Officer SAP Substance Abuse Professional
DOT Department of TransportationFTA Federal Transit AdministrationFRA Federal Railroad AdministrationFAA Federal Aviation AdministrationFMCSA Federal Motor Carrier Safety AdministrationPHMSA Pipeline & Hazardous Material Safety Admin
Frequently Used Acronyms
ASD Alcohol Screening Device BAT Breath Alcohol Technician CDL Commercial Driver's License CMV Commercial Motor VehicleDER Designated Employer RepresentativeDHHS Department of Health and Human ServicesEBT Evidential Breath Testing Devise MRO Medical Review Officer SAP Substance Abuse Professional
DOT Department of TransportationFTA Federal Transit AdministrationFRA Federal Railroad AdministrationFAA Federal Aviation AdministrationFMCSA Federal Motor Carrier Safety AdministrationPHMSA Pipeline & Hazardous Material Safety Admin