Writing Your DOT Drug & Alcohol Policy: What Must Be Included

A written drug and alcohol policy isn't a nice-to-have. It's required under §382.601. Every driver must receive a copy and sign an acknowledgment. Every one. No exceptions. And the policy has to cover specific topics — you can't just write "don't do drugs" on a napkin and call it compliant.

Required Elements

Your policy must include:

• The identity of the Designated Employer Representative (DER) — the person drivers contact about drug/alcohol testing questions
• A description of safety-sensitive functions and when testing applies
• Specific information on prohibited conduct: use, possession, refusal to test
• Details on each test type: pre-employment, post-accident, random, reasonable suspicion, return-to-duty, follow-up
• Consequences of violating the policy (removal from safety-sensitive duties, referral to SAP)
• Information about the effects of controlled substances and alcohol on health and safety
• A list of resources for help — EAP, community resources, hotlines

Distribution

Every driver must receive the policy before performing safety-sensitive functions. That means during onboarding, not three weeks after they start driving. Get a signed acknowledgment — name, date, signature — and file it.

Update the policy when regulations change, when you switch testing providers, or when your DER changes. Redistribute and get new acknowledgments each time.

Beyond the Minimum

Many carriers add provisions that go beyond the federal minimum:

• Policy on prescription medication — requiring drivers to report prescriptions that may affect their ability to drive safely
• Zero-tolerance policy — any detectable alcohol level = violation (federal standard is 0.04 BAC for violation, 0.02 BAC for removal for 24 hours)
• Employee assistance programs (EAP) — encouraging voluntary self-referral before a testing violation occurs

Stricter policies are allowed. Just make sure your drivers know what standard they're being held to.