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Drug and Alcohol Compliance

Drug and Alcohol Testing

Drivers and owner-operators with a commercial driver license (CDL) are subject to drug and alcohol testing. Motor carriers who employ drivers with a CDL must have a testing program in place. See FMCSA Part 382.
When carriers register to operate in Oregon or renew registration, state law requires carriers to certify that they meet drug and alcohol testing requirements. Download an Online Certification Form (form 5759).

The penalty for not maintaining a testing program is $1,000 per violation. Oregon law also requires that information about an Oregon commercial driver´s positive drug test must be entered on the driver´s employment driving record.

In addition, motor carriers must provide drivers with educational materials that outline testing requirements and the carrier´s policy regarding alcohol and controlled substances abuse. Carriers can administer their own testing programs or they can enroll drivers with consortiums or third-party administrators who manage testing programs. Final responsibility for compliance lies with the motor carrier.

Random Tests

Carriers must include all drivers in a random controlled substances and alcohol testing program throughout each year. See FMCSR Part 382.305.

Controlled substances testing: must be performed randomly on at least 25 percent of the average number of driver positions each year.

Alcohol testing: must be performed randomly on at least 10 percent of the average number of driver positions each year. Additionally, they must be performed immediately prior to, during, or immediately after a driver is on duty.

Post-Accident Tests

Federal and state rules hold the employer responsible for conducting post-accident testing of the driver (see below). The requirement also applies to drivers who are individual owner/operators. These rules apply regardless of who is at fault in the accident. See FMCSR Part 382.303.

Employer is responsible for testing if an accident involves:

  • A human fatality, regardless of whether the driver of the commercial vehicle is issued a citation.
  • Bodily injury with immediate medical treatment away from the scene and a citation is issued to the driver of commercial vehicle.
  • Disabling damage to any motor vehicle requiring tow away and a citation is issued to the driver of commercial vehicle.

Employer IS NOT responsible for testing if an accident involves:

  • Bodily injury with immediate medical treatment away from the scene AND no citation is issued to the driver of commercial vehicle.
  • Disabling damage to any motor vehicle requiring tow away AND no citation is issued to the driver of commercial vehicle.

Additional Requirements

  • Alcohol tests should be taken within two hours of the accident, but no later than eight hours. Controlled substance tests must be taken within 32 hours of the accident.
  • Post-accident testing rules are not intended to delay necessary medical attention. A driver is not prohibited from leaving the scene of an accident for a period of time to obtain medical assistance.
  • Drivers must remain available for testing or they may be deemed by the employer to have refused testing. A refusal is considered the same as a positive test. The responsibility for testing remains with the employer. Failure to conduct post-accident testing can lead to penalties in a civil enforcement action.
  • Motor carriers must provide drivers with educational materials that outline the requirements and the carrier´s policy regarding alcohol misuse and controlled substances abuse. Carriers can administer their own testing programs or they can enroll drivers with third-party administrators who manage testing programs. Final responsibility for compliance lies with the motor carrier. See FMCSR Part 382.601.

Reasonable Suspicion Tests

Drivers must submit to a controlled substances and/or alcohol test whenever a properly trained motor carrier official or supervisor observes or documents behavior indicating controlled substances or alcohol use. See FMCSR Part 382.307.

Return-to-Duty Tests

Carriers must take the following steps before allowing a driver to return to work after testing positive or after refusing to take a test.
  1. The carrier must ensure the driver passes either an alcohol test with a result indicating an alcohol concentration of less than .02 or a controlled substances test indicating a negative result, whichever test is applicable.
  2. The driver must be evaluated by a substance abuse professional to determine what additional steps may be required.
    See FMCSR Part 382.309 for complete information.

FMCSA Drug and Alcohol Clearinghouse

The Clearinghouse is a secure online database that gives employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs) and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.

The Clearinghouse provides FMCSA and employers the necessary tools to identify drivers who are prohibited from operating a commercial motor vehicle (CMV) based on U.S. Department of Transportation (DOT) drug and alcohol program violations, and ensure that such drivers receive the required evaluation and treatment before operating a CMV on public roads.

To assist motor carriers, FMCSA has a Clearinghouse FAQ page. They have also set up a phone line for support with the FMCSA Portal. Carriers who are experiencing issues creating or accessing their Portal accounts should call the FMCSA Portal Registration Call Center at 800-724-2811. The Call Center’s hours of operation are Monday through Friday, 8:00 a.m. to 8:00 p.m. (EST).

For general questions about using the Drug and Alcohol Clearinghouse, please call the Clearinghouse Help Line at 844-955-0207 or utilize the Clearinghouse Help form on their contact page.