FMCSA Employee Education Requirements
Employers must provide educational materials to drivers that include detailed discussion of at least the topics below, and tell drivers who to contact with questions.
Program scope
- The categories of drivers who are subject to FMCSA drug and alcohol testing
- Information about safety-sensitive functions, so drivers will know when they must comply with the employer’s FMCSA testing policy
Conduct and consequences
- Prohibited driver conduct
- The requirement that a driver submit to FMCSA alcohol and controlled substances tests
- An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test, and the consequences of a refusal
- The consequences for drivers found to have violated subpart B of this part (Prohibitions), including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under part 40, subpart O, of this title (Return to duty)
- The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04
Testing
- The circumstances under which a driver will be tested for alcohol and/or controlled substances under this part, including post-accident testing
- The procedures that will be used to test for alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, including post-accident information, procedures and instructions
Alcohol and drugs
- Information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver’s or a co-worker’s);
- Available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and or referral to management.
FMCSA Clearinghouse
- Information about how the following driver personal information collected under this part is reported to the FMCSA Clearinghouse:
- Verified positive, substituted, or adulterated test result
- Alcohol confirmation test of 0.04 or higher
- A refusal to submit to testing for any required test
- An employer’s report of actual knowledge of a violation
- A substance abuse professional (SAP) report of successful completion of return-to-duty process
- A negative return-to-duty test
- An employer’s report of an employee’s completion of follow-up testing