Alcohol and Drug Program: Legal Requirement for Transportation Companies

Does your company operate commercial vehicles or employ drivers with a CDL license in the United States? If so, you are legally required to comply with the Department of Transportation (DOT) Alcohol and Drug Program, established under Title 49 of the Code of Federal Regulations (CFR), Part 40.

What is the DOT Alcohol and Drug Program?

It is a federal law designed to protect public safety by preventing alcohol and drug use among employees performing safety-sensitive functions in land, air, or maritime transportation. This includes truck, bus, train, ship, and airplane drivers.

Compliance with this law involves conducting mandatory testing and maintaining a clear policy regulating substance use in the workplace.

Is your company required to comply?

Yes, if you meet any of the following criteria:

• You have drivers with a CDL license.

• You operate commercial vehicles weighing over 26,000 pounds.

• You transport 16 or more passengers, including the driver.

  
  

This applies both to companies that operate within a state (intrastate) and to those that operate across states (interstate).

Even if you are an owner-operator with a single truck, you must be part of a testing consortium, as you cannot supervise yourself.

Important note: Many small or local companies are often penalized for mistakenly believing they are not subject to this regulation. We recommend always consulting a DOT compliance expert.

What does having an Alcohol and Drug Program involve?

✅Companies must have a program enrollment certificate, which must be renewed annually.

✅Companies must have a written alcohol and drug policy that complies with the law and the specific regulations defined by the DOT – FMCSA.

✅Employees must undergo the tests applicable to their role and type of transportation. These tests may include pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up testing.

✅ Laboratories must be certified by the Department of Health and Human Services (HHS) and follow established protocols for sample analysis.

✅Medical Review Officers (MROs) must be licensed physicians with specific training to interpret and verify drug test results.

✅Sample collectors must be properly trained to collect, label, seal, and send samples to the laboratory.

Failure to comply with the DOT Alcohol and Drug Program can result in hefty fines, suspension of operating authority, and license revocation. Drivers may also be disqualified and required to complete treatment or retraining before returning to work.

At Trucking Services & Logistics, we provide comprehensive guidance to implement and manage this program, ensuring full compliance with federal regulations.

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