Question 1 : If a company only has one CDL driver, does the company need to comply with the drug and alcohol testing requirements contained in the Federal Motor Carrier Safety Regulations  Part 382?

Guidance: Yes. All CDL drivers who operate vehicles meeting the CDL requirements of the Federal Motor Carrier Safety Regulations (FMCSR)  Part 383 and the motor carriers who employ them must comply with the drug and alcohol testing requirements contained in Part 382.

Question 2: The drug and alcohol testing requirements in Part 382 of the FMCSR are federal regulations. Are Michigan CDL holders who only operate in intrastate commerce required to comply?

Guidance: Yes. Michigan has adopted Part 382 in the Motor Carrier Safety Act of 1963 (Act 181 of 1963).

Question 3: Is an "owner-operator" subject to the drug and alcohol testing regulations?

Guidance: Yes. For clarification, the Federal Motor Carrier Safety Administration FMCSA) neither defines the term "owner-operator" nor uses it in regulation. The FMCSA regulates "employers" and "drivers." An owner-operator may act as both an employer and a driver at certain times or as a driver for another employer at other times, depending on contractual arrangements and operational structure.

Question 4: Is a pre-employment drug test required if a driver returns to a previous employer after his/her employment had been terminated?

Guidance: Yes. The test must be administered any time employment has been terminated for more than 30 days and the exceptions contained in 382.301(c) of the Federal Motor Carrier Safety Regulations are not met.

Question 5: Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) have pre-employment drug testing each season when they return to work?

Guidance: If the driver is considered to be an employee of the company during the layoff period, a pre-employment test would not be required so long as the driver has been included in the company's random testing program during the layoff period. However, if the driver was not considered to be an employee of the company at any point during the layoff period, was not covered by a program or was not covered for more than 30 days, then a pre-employment test would be required. The test must be administered any time employment has been terminated for more than 30 days and the exceptions contained in 382.301(c) of the Federal Motor Carrier Safety Regulations are not met.

Question 6: Can a motor carrier meet its requirements for random selection drug and alcohol testing by testing all its employees at the beginning of each year?

Guidance: No. Random selection is a process that must be administered throughout the year. A driver must understand that based on random selection, he/she is subject to random selection throughout the year and could be selected more than once during the year. The random selection process must be scientific in nature and affords each driver an equal chance of being selected.

Question 7: Is a drug and/or alcohol test required when a driver renews his/her medical certificated?

Guidance: No. The Federal Motor Carrier Safety Regulations do not require a drug or alcohol test when renewing the medical certificate.

Question 8: Once an employee is randomly tested during a calendar year, is the employee removed from the selection process for the remainder of the calendar year?

Guidance: No.

Question 9: Once an employee is randomly tested during a calendar year, is his/her name removed from the pool of names for the calendar year?

Guidance: No, the names of those tested earlier in the year must be returned to the pool for each new selection. Each driver must be subject to an equal chance of being tested during each selection process.

Question 10: May an employer notify a driver of his/her selection for a random controlled sub stances test while the driver is in an off-duty status?

Guidance: Yes. Part 382 does not prohibit an employer form notifying a driver of his/her s election for a random controlled substances test while the driver is in an off-duty status.

Question 11: When a driver works for two or more employers, in whose random pool must the driver be included?

Guidance: The driver must be in the pool of each employer for which the driver works.

Question 12: When may a driver who has tested positive for drugs and or alcohol test return to driving?

Guidance: A driver who has tested positive for drug and/or alcohol, under these rules, would be considered medically unqualified to operate any commercial motor vehicle, including those vehicles defined in 390.5 of the Federal Motor Carrier Safety Regulations, until:

• the individual has been evaluated by an SAP;
  
• complied with any recommended treatment;


• has been re-evaluated by an SAP;


• has been allowed by the SAP to return to work and;


• has passed a return to duty test.