Do you know what the US Department of Transportation's Alcohol and Drug Program (DOT- Title 49 of the CFR, Part 40) is? If you work in the transportation sector, this law affects you directly. In this article I will explain what it is, what it is for and how to comply with it.
The Alcohol and Drug Program Law (Title 49 of the CFR, Part 40) is a federal law of the US Department of Transportation that regulates alcohol and drug testing programs for employees who perform sensitive functions for the transportation sector. These employees include truck, bus, train, plane and boat drivers, among others.
The purpose of this law is to ensure the safety of travelers and the general public, preventing the consumption of substances that may affect the performance of transportation workers. To this end, the law establishes the requirements that employers, employees, laboratories, medical reviewers and sample collectors must meet.
Who needs it?
All transportation companies whose drivers have a CDL license and drive a commercial vehicle. A commercial vehicle is one with a capacity greater than 26,000 pounds in load or with a capacity to transport more than 16 passengers.
Companies that work locally (intrastate) or that work outside the state (out of state) that meet the requirements of license or commercial vehicle must be enrolled in an alcohol and drug program.
Single-driver companies or owner operators are required to be enrolled in a consortium administrator of the alcohol and drug program as they themselves cannot do their own supervision.
Companies that work locally (intrastate) or that work out of state and meet the licensing or commercial vehicle requirements must be enrolled in an alcohol and drug program.
Single-driver companies or owner operators are required to be enrolled in a consortium administrator of the alcohol and drug program since they cannot do their own supervision.
It is important to highlight that the companies that receive the most sanctions are those that work locally, since some companies assume that by working intra-state they will not need to be linked to an alcohol and drug program or receive erroneous advice from relatives and even colleagues from the same industry.
The most important thing in this case is to consult with an expert in compliance related to the transportation sector
What does having an alcohol and drug program imply?
1. Companies must have a certificate of enrollment in the program that must be renewed every year.
2. Companies must have a written alcohol and drug policy that complies with the law and with the specific regulations of each mode of transportation.
3. Employees must undergo the tests that correspond to them according to their function and the type of transportation they perform. These tests can be pre-employment, random, reasonable, post-accident, return to work and follow-up.
4. The laboratories must be certified by the Department of Health and Human Services (HHS) and follow the established protocols for the analysis of the samples.
5. The MRO reviewers must be licensed physicians and specific training to interpret and verify the results of drug tests.
6. The sample collectors must have adequate training to perform the collection, labeling, sealing and sending of the samples to the laboratory.
The violation of Title 49 of the CFR, Part 40 Drug and Alcohol Program. can have serious consequences for both employers and employees. Employers may face high fines, suspensions of their authority and even revocations of their licenses or permits. Employees may lose their job, their certification or their license, as well as having to undergo a treatment or education program.
As you can see, Title 49 of the CFR, Part 40 Drug and Alcohol Program is a very important regulation that you must know and respect if you work in the transportation sector. If you have any questions or need more information about it, you can visit the official website of the Department of Transportation (DOT) or contact an expert on the subject.
At Trucking Services & Logistics, we are specialists in solving all your doubts, also remember that we can give you the necessary assistance in issues concerning the DOT. Do not forget to follow our social networks (Facebook , Instagram, Twitter, Tik Tok and LinkedIn) or call (813) 864 62 87, to obtain more detailed information.
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