FMCSA Drug Testing

The Motor Carrier Safety Improvement Act of 1999 set the groundwork for the creation of the FMCSA, which was created on January 1, 2000.  This established the FMCSA as a seperate operating division within the United States Department of Transportation (DOT).

The FMCSA is headquartered in Washington, DC and with a staff of more than 1,000 people in all 50 States and the District of Columbia and is the Federal Agency taking the initiative for regulating, providing safety and oversight of commercial motor vehicles (CMVs), improving the safety of commercial motor vehicles (CMV) and saving lives.

FMCSA Mission

  • reduce crashes,
  • reduce injuries, and
  • reduce fatalities involving large trucks and buses.

Affiliating with transportation industry partners, safety advocates, along with state and local governments, the FMCSA maintains our nation’s roadways for safety and strive to improve commercial motor vehicle safety through regulation, education, enforcement, research, and technology.

What CDL Drivers Need to Know

In 1991, the United States Congress passed the Omnibus Transportation Employee Testing Act, which required DOT agencies to implement drug and alcohol testing for all safety sensitive transportation employees.  Congress recognized the need for a drug and alcohol free transportation industry, and thus 49 CFR Part 40, commonly referred to as Part 40 was established as a DOT-wide regulation that provides guidance on:

  • Who is subject to testing
  • How to conduct testing and
  • How to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation.

49 CFR Part 40 provides guidance on all DOT-required drug and alcohol testing, regardless of mode of transportation. For example, whether you are an airline pilot covered by FAA rules or a driver for a trucking company covered by FMCSA rules, Part 40 outlines the specific procedures for collection, testing of specimens and reporting of test results.  Each DOT Agency-specific regulation defines who is subject to testing, when and in what situations for that specific transportation industry.

The Federal Motor Carrier Safety Administration (FMCSA) and 49 CFR Part 40 has defined drug and alcohol testing rules and regulations for employees who drive commercial trucks and buses that require a commercial driver’s license (CDL). These regulations identify who is subject to testing, when they are tested and in what situations. The regulations also require privacy protections and restrictions on employers and service agents against the use and release of sensitive drug and alcohol testing information. The FMCSA controlled substances and alcohol use and testing regulations can be found at 49 CFR Part 382.

Who is Tested?

Typically, all CDL drivers who operate commercial motor vehicles are subject to the CDL requirements on the public roadways in the United States and who are also performing safety-sensitive functions are subject to DOT drug and alcohol testing under section (§382.103). This would also include all full-time, part-time, intermittent, backup and international drivers.

When is an FMCSA Drug Test Performed?

What Substances are Tested?



  1. Marijuana metabolites
  2. Cocaine metabolites
  3. Phencyclidine
  5. Amphetamines -amphetamine, methamphetamine, MDMA & MDA


What is Pre-Employment Testing?



What is a violation of DOT Drug and Alcohol Regulations?

  • A verified positive DOT drug test result,

When is a SAP evaluation required?


How does the return-to-duty process conclude?



What is Follow up Testing?

Follow-up testing is required for drivers who:

  • tested positive,
  • refused, or


Are there any exceptions to pre-employment drug testing?



  2. While participating in that program, either:



Is pre-employment alcohol testing allowed?




For information regarding the effects of drug abuse – Click Here
For  information on a drug free work place – Click Here
For  information on substance abuse programs – Click Here
For information on DOT Drug / Alcohol Testing requirements – Click Here

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