Any CDL holder who performs any of the following
activities associated with a commercial vehicle is considered to perform
or to be performing a safety-sensitive function:
A. Inspect, service or condition any commercial vehicle.
B. Drive a commercial vehicle.
C. Load, unload, supervise or assist in the loading or
unloading of a commercial vehicle, attend a commercial vehicle being
loaded or unloaded, or give or receive receipts for shipments loaded
or unloaded.
D. Perform the driver requirements relating to an accident
of a commercial vehicle.
E. Spend time in or on a commercial vehicle (except time
spent in a sleeper berth).
F. Inspect equipment as required by the Federal Motor
Carrier Safety Regulations.
G. Repair, obtain assistance, or remain in attendance
upon a disabled commercial vehicle.
No CDL holder who is found to have an alcohol
concentration of 0.02 or greater, but less than 0.04, shall perform
or continue to perform safety-sensitive functions, including driving,
until the driver's next regularly scheduled duty period, but not before
24 hours have passed since the alcohol test.
A CDL holder is considered to have refused to
submit to testing when he/she:
A. Fails to provide adequate breath for alcohol testing
without a valid medical explanation after having received notice of
the requirement for breath testing.
B. Fails to provide adequate urine for controlled substance
testing without a valid medical explanation after having received
notice of the requirement for urine testing.
C. Engages in conduct that clearly obstructs the testing
process.
Briefly, FHWA drug and alcohol testing rules
require the following types of drug and alcohol tests:
A. Pre-employment: prior to the first time an employee
performs safety-sensitive functions.
B. Reasonable suspicion: when an employee exhibits the
appearance or behavior characteristic of being under the influence
of drugs/alcohol.
C. Return-to-duty: after an employee has completed a
rehabilitation program, but before the employee resumes performing
safety-sensitive functions.
D. Follow-up: for a period of time after an employee
returns to work after completing a rehabilitation program for drug
or alcohol abuse.
E. Random: upon random selection. Random testing is conducted
at 50% of the employee population for drugs and 25% for alcohol annually.
F. Post-accident: A CDL holder is subject to post-accident
testing following an accident where there was a fatality, a vehicle
required towing, or someone required medical treatment and, in the
case of a fatality, the CDL holder was performing safety-sensitive
functions, or the CDL holder was otherwise cited for a moving violation.
A CDL holder is subject to testing for:
A. Controlled substances (drugs) any time the CDL holder
is on duty.
B. Alcohol any time the CDL holder is ready to perform
or immediately available to perform a safety-sensitive function, is
actually performing, or has just performed a safety-sensitive function.