DOT and FAA DRUG TESTING PROGRAMS

Does the transportation industry have a drug problem? Our charts will show you that this industry still has a lower incidence of drug use than the general workforce.

The Federal Motor Carrier Safety Administration (FMCSA) requires those companies with at least one employee or the owner who operates a Commerical Motor Vehicle (CMV) must have a Drug and Alcohol Testing Program that which complies with DOT Part 40 and FMCSA Regulation 382.

A Commerical Motor Vehicle is:

A vehicle with a weight over 26,001 pounds, the highest of:

The FMCSA require companies with at least one employee who performs the following "Safety Sensitive Duties" to be included in a Controlled Substance Abuse Testing Program:

The Controlled Substance Abuse Testing Program must consist of the mandated items listed at the top of the services page. The regulations require that a owner-operator (one man company) must comply with the same requirements as an employer with hundreds of drivers.

These mandated programs went into effect for large companies (over 50 covered employees) on January 1, 1995 and for smaller companies (under 50 covered employees) on January 1, 1996. Those companies in non-compliance are subject to fines up to $10,000.00 per day per employee retroactive to the date of compliance. Non-compliance permits the Feds to put you out of service or to close down your business.

For a current look at the regulations that pertain to these requirements please review Part 382 of the Federal Motor Carriers Regulation.

FEDERAL AVIATION ADMINISTRATION
DRUG ABATEMENT DIVISION

Aviation and Small Business Consortium, Inc. was one of the first FAA approved consortiums in the Midwest. We received FAA Approval in early 1990 for our Drug Consortium and in 1994 for our Alcohol Consortium. On Aug 1, 2001 the FAA removed the “FAA Approved Consortium” term from the regulations so currently there are no FAA Approved Consortiums. Even though the FAA removed the FAA Approved Consortiums, all “company plans” must be submitted and approved by the FAA in Washington DC.

The following types of employees must be in a Drug and Alcohol Testing Program if they are employed by or perform duties for Part 121 carriers, Part 135 Operators, Part 135.1c Scenic Aircraft Operators, or Part 145 Repair Stations:

Companies whose employees perform the above listed "safety-sensitive functions" MUST ensure that those employees are in a Drug and Alcohol Testing Program approved by the FAA. Drug and Alcohol Testing Programs for FAA mandated employers require those items mandated our services section.