Writing Your DOT Drug & Alcohol Policy: What Must Be Included
Who does this apply to?
A written drug & alcohol policy is required for any motor carrier that employs CDL (Commercial Driver's License) drivers operating CMVs (commercial motor vehicles over 26,001 lbs, 16+ passengers, or hazmat). If you only have non-CDL drivers, you're not federally required to have this policy — though you may choose to create one.
A written drug and alcohol policy isn't a nice-to-have. It's required under section 382.601. Every CDL 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 DER (Designated Employer Representative — the person at your company who receives test results, answers driver questions, and manages the testing program) — the person drivers contact about drug/alcohol testing questions
- A description of safety-sensitive functions (driving, loading/unloading, vehicle inspection, or any time spent waiting to perform these duties) 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 a SAP (Substance Abuse Professional — a qualified counselor who evaluates CDL drivers after a drug or alcohol violation and recommends treatment))
- Information about the effects of controlled substances and alcohol on health and safety
- A list of resources for help — EAP (Employee Assistance Program — a confidential service offering counseling and support for employees dealing with substance abuse or personal issues), community resources, hotlines
Distribution
Every CDL 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 CDL drivers to report prescriptions that may affect their ability to drive safely
- Zero-tolerance policy — any detectable alcohol level = violation (the federal standard is 0.04 BAC (Blood Alcohol Concentration — the percentage of alcohol in your bloodstream) for a 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 CDL drivers know what standard they're being held to.
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