2019 DOT: Drug Abuse and Alcoholism

Drug and Alcohol Testing Who must be tested?

All drivers, including part-time drivers, holding a commercial driver's license (CDL) and operating CMVs (greater than 26,000 combined gross vehicle weight rating, or transporting more than 16 passengers, or carrying placarded hazardous materials) on public roadways must be subject to testing according to U.S. Department of Transportation (DOT) drug and alcohol regulations. This means any driver required to possess a CDL, including drivers employed by Federal, State, and local government agencies and owner operators. Equivalently licensed drivers from foreign countries are also subject to these rules. NOTE: Drivers who only operate CMVs on private property not open to the public are not subject to testing.

The Medical Examiner should obtain additional evaluation by appropriate mental health professionals, which may include:

Breath alcohol technicians (BATs). Designated employer representatives (DERs). Medical review officers (MROs). Substance Abuse Professionals (SAPs). Additional medical assessment may include referral to substance abuse specialists (in addition to a SAP) and/or drug and/or alcohol testing. FMCSA guidelines require evaluation by a Substance Abuse Professional (SAP) even if the driver has seen other mental health professionals, and requires that the driver complete any rehabilitation program recommended by the SAP prior to return to duty.

Which of the following is considered by the FMCSA as a mental health professional that the medical examiner may refer to or consult with? A urine drug screen collector. A FMCSA administrator. Medical review officer (MRO). Any licensed medical provider.

Correct Answer: Medical review officer (MRO). Explanation: According to the FMCSA, mental health professionals the medical examiner may consult with include breath alcohol technicians (BATs), designated employer representatives (DERs), medical review officers (MROs), and substance abuse professionals (SAPs).

Which of the following is a requirement for a driver with a history of alcoholism to be certified? Complete driver certification examination. Successful treatment with naltrexone. Successfully completed counseling and/or treatment. Passed a drug test.

Correct Answer: Successfully completed counseling and/or treatment. Explanation: A driver certification examination is not a requirement for return to driving. Treatment with naltrexone is not required for driver certification for a driver with a history of alcoholism. Passing a drug test is not a requirement, although passing an alcohol test is a requirement.

The maximum certification interval for a driver with a history of drug abuse or alcoholism is __________. Six months. One year. Two years. Do not certify.

Correct Answer: Two years. Explanation: Drivers with a history of drug or alcoholism may be certified for up to two years. Drivers may be subject to drug and/or alcohol testing more frequently, but such testing is performed under 49 CFR Part 40 drug and alcohol testing regulations, not under 49 CFR Part 391.41 driver qualification standards.

On the health history, the driver indicates "Regular, frequent alcohol use". Which of the following is the least important of the available choices for the medical examiner to assess? Type of alcohol ingested. Quantity of alcohol used daily, weekly, monthly. Current or past history of illegal drug use. Prior history of alcohol-related driving incidents (accidents, DUI).

Correct Answer: Type of alcohol ingested. Explanation: Alcohol in any form is impairing. While quantity, pattern of use, and history of alcohol-related incidents are important factors, type of alcohol is of lessor concern. Illegal use of drugs is common among drivers with alcohol-related disorders.

Which of the following is a disqualifying condition? A past clinical diagnosis of alcoholism. A breath alcohol result of 0.019%. An alcohol-related stable physical condition. Use of methadone.

Correct Answer: Use of methadone. Explanation: A current diagnosis of alcoholism is disqualifying, a past history is not. A breath alcohol result of 0.02% or higher renders the driver unqualified to drive. Just because a condition is alcohol-related does not make it disqualifying.

disqualifying drugs

Do not certify a driver who uses methadone. Methadone is a habit-forming narcotic which can produce drug dependence and is not an allowable drug for operators of commercial motor vehicles (CMV). Even though other narcotic drugs may have similar effects and dependence and abuse potential, methadone is the only narcotic specified by the FMCSA as disqualifying. Schedule I drugs, including marijuana, are disqualifying. This also includes "medical marijuana" or marijuana for "medicinal use." Schedule I drugs currently have no accepted medical use in the United States, have a high abuse potential, and are not considered safe, even under medical supervision. A driver should be disqualified if the driver uses a controlled substance, including a narcotic, an amphetamine, or another habit-forming drug, without a prescription from the treating physician. Even with a prescription, the Medical Examiner should obtain certification from the prescribing provider that the driver is safe to driver a CMV while using the medication as prescribed. The prescribing provider should be familiar with the driving duties of a CMV driver. If such certification from the prescribing provider is not obtained, the driver using such medications should be disqualified.

Employer Responsibilities

Employer responsibilities include: Implementing and conducting drug and alcohol testing programs. Providing a list of substance abuse professionals (SAPs) for drivers who violate drug and alcohol regulations. Ensuring that the driver who is returning to a safety- sensitive position has complied with SAP recommendations. Conducting follow-up testing to monitor that the driver is compliant with DOT alcohol conduct guidelines and abstaining from unauthorized drug use. Employer responsibilities do not include: Providing SAP evaluations. Paying for driver SAP evaluation, education, or treatment.

The driver disqualified for alcohol or drug abuse must:

Have an evaluation by a Substance Abuse Professional (SAP) and complete any rehabilitation program required by the SAP. Have a negative return to duty drug and/or alcohol test result. Be subject to follow up random drug and/or alcohol testing. NOTE: drivers who violate FMCSA drug and alcohol testing regulations are not required to undergo a return to duty medical examination.

Medical Examiners may also perform alcohol and drug testing as part of the driver examination using any alcohol or drug testing methodology, and may consider such results in assessing driver fitness for duty.

If such testing is performed based on the Medical Examiners assessment, and is not conducted in compliance with FMCSA drug and alcohol testing rules, the Medical Examiner must be sure to advise the driver of this circumstance - that the testing is being performed based on the Medical Examiner's assessment, not on the basis of FMCSA regulation.

alcoholism

If the SAP determines that alcoholism exists, the driver is not qualified to drive a commercial motor vehicle in interstate commerce until the driver completes any recommended rehabilitation and is determined to no longer have a current clinical diagnosis of alcoholism. The SAP determines that recommended treatment for drug abuse has been completed, and specifies requirements for return to work and follow-up testing. The ultimate responsibility rests with the motor carrier to ensure the driver is medically qualified and to determine whether a new medical examination should be completed.

marijuana use

Marijuana is a Schedule I drug and use by drivers, even if medically prescribed, is prohibited. It is unnecessary to drug test a driver who has admitted to marijuana use. Such admission indicates disqualifying marijuana use and the driver should be referred for SAP evaluation. Any marijuana use requires SAP evaluation.

When is Drug and/or Alcohol Testing Required?

Pre-employment: Drug testing is required. However, a driver may be exempted from testing if the driver was in a testing program within the last 30 days and tested within the last six months or in a testing program for the previous 12 months. Pre-employment alcohol testing is not required; however, the employer may require alcohol testing before the driver can perform safety-sensitive functions. The employer may make job offers contingent upon passing an alcohol test. Post-accident drug and/or alcohol testing is required for all fatal crashes, when the driver is cited for a moving traffic violation, and when crashes meet specific criteria related to the cost of vehicular damage or personal injury. Random drug and/or alcohol testing is conducted on a random, unannounced basis just before, during, or just after performance of safety-sensitive functions. Reasonable suspicion testing is conducted when a trained supervisor or company official observes behavior that is characteristic of drug and/or alcohol misuse. Return-to-duty and follow-up testing is conducted when an individual who has violated the prohibited drug and/or alcohol conduct standards returns to performing safety-sensitive duties.

Certification/Recertification - Alcoholism

Waiting period: No recommended time frame. Do not certify the driver until the driver has successfully completed counseling and/or treatment. Maximum certification — one year. Recommend to certify if the driver with a history of alcoholism has: No residual disqualifying physical impairment. Successfully completed SAP required rehabilitation. No current disqualifying alcohol-related disorders. Do not certify the driver if the driver has: A current clinical diagnosis of alcoholism. Signs of a current alcohol-related illness and/or non-compliance with DOT alcohol conduct guidelines. An alcohol-related unstable physical condition, regardless of the time element. Not met return-to-duty requirements including return-to-duty alcohol testing. Ongoing voluntary attendance at self-help groups (e.g., 12-step programs) for maintenance of recovery is not disqualifying - attendance is allowed but not required. Attendance at such programs does not fulfill requirements for substance abuse professional evaluation. Monitoring/Testing: on a case-by-case basis obtain additional tests and/or consultation to adequately assess driver medical fitness for duty.

When a driver tests positive for alcohol or controlled substances under Part 382, the driver is not required to be medically re-examined or to obtain a new Medical Examiner's certificate provided the driver is seen by

a substance abuse professional (SAP) and the driver completes any rehabilitation recommended by the SAP. The SAP provides the driver with documentation allowing the driver to return to work after the SAP evaluation and the completion of any required rehabilitation. If the SAP determines that alcoholism exists, the driver is not qualified to drive a commercial motor vehicle in interstate commerce until the driver completes any recommended rehabilitation and is determined to no longer have a current clinical diagnosis of alcoholism. The SAP determines that recommended treatment for drug abuse has been completed, and specifies requirements for return to work and follow-up testing. The ultimate responsibility rests with the motor carrier to ensure the driver is medically qualified and to determine whether a new medical examination should be completed.

A driver with a history of recent drug abuse must

be evaluated by a substance abuse professional (SAP) and must complete a rehabilitation program as recommended by the SAP. A driver with a history of recent drug abuse must pass a DOT return-to-work drug test and is then subject to follow-up random drug testing at a frequency determined by the SAP.

A current clinical diagnosis of drug abuse or alcoholism cert period?

disqualifying.

Drivers with a history of alcoholism or alcohol or drug misuse or abuse may be certified for a maximum of

two years.