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FMCSA rules require random drug and alcohol testing for drivers who operate commercial motor vehicles and need a commercial driver's license (49 CFR 382.305). The rules apply to employers and drivers covered by 49 CFR Part 382 (see 49 CFR 382.103), including drivers holding a Mexican Licencia Federal de Conductor or a Canadian commercial driver's license who operate in the United States.
Key requirements
- Selections must use a scientifically valid method, and every driver in the pool must have an equal chance of selection each time (49 CFR 382.305(i)).
- Tests must be unannounced and spread reasonably throughout the calendar year (49 CFR 382.305(k)).
- A selected driver must proceed to the test immediately after notification (49 CFR 382.305(l)).
- Each year you must test at least the minimum annual percentage rates set by the DOT agency. The rates can change each year. What are the DOT random testing rates?
Owner-operators
An employer who employs only himself or herself as a driver must be in a random pool with two or more covered employees (49 CFR 382.103(b)). In practice this means joining a consortium. See Owner-operators and consortiums.
How Med-Stop supports it
The Med-Stop Random Service creates DOT pools with the DOT-specified target percentage, generates selections for each period, and tracks completion. If a company pool averages fewer than two members, no selections are generated and the pool stays inactive until it has two or more covered employees.
Read 49 CFR 382.305 (eCFR) · How random selections are generated