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FHWA Drug & Alcohol Program

 FHWA D&A Program Regulation Overview


Name of Program:

Federal Highway
Administration (FHWA) Drug and Alcohol Regulation.

Brief Program Description: The FHWA drug and alcohol testing program will assist employers in developing or modifying alcohol and controlled substances testing program where the employers have volunteer and/or paid drivers who are required by Federal law to obtain a commercial driver's license under 49 U.S.C. 31301 et seq. The FHWA guidelines are set forth in the following regulations:

  • 49 CFR part 382, "Controlled Substances and Alcohol Use and Testing"

  • 49 CFR part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs"

Who Must Comply?: Employers who must comply are defined as entities that use drivers who operate Commercial Motor Vehicles (CMV) and who are required to have a Commercial Driver's License (CDL) under Federal law.  It applies to drivers who operate CMVs and are subject to the Federal CDL requirements.

This regulation applies to agencies receiving funding through ODOT's 49 U.S.C. Section 5310 program whose vehicles require that the driver must have a CDL.

Program Requirements: All agencies that must comply must develop a drug and alcohol testing program which meets the requirements of the Federal Highway Administration.  This includes having a policy in place that addresses the requirements set forth in the regulation, training both safety-sensitive employees and supervisors, testing safety-sensitive employees in accordance with the procedures set forth in the regulation, and adhering to the administrative procedures set forth in the regulation.

Program Deadlines/Due Dates: Established by the

Federal Highway

Contact Person: USDOT Office of Drug Enforcement and Program Compliance, (202) 366-3784.