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49 CFR Parts 382 and 40

Drug & Alcohol Program Checklist for FMCSA carriers

Set up or audit a DOT drug and alcohol program on two pages: program elements, the six test types and their key rules, what to do after a violation, how long to keep each record, and a month-by-month random testing tracker.

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What's inside

1. Program set-up

Written policy, DER, consortium/C-TPA, supervisor training, Clearinghouse account, random pool, separate secured files.

2. The six test types

Pre-employment, random, post-accident, reasonable suspicion, return-to-duty, follow-up, with timing and CFR section.

3. Violations

Immediate actions, SAP, Clearinghouse reporting deadline, 0.02-0.039 alcohol, marijuana.

4-5. Retention and random tracker

382.401 retention periods and a 12-month tracker for cumulative drug and alcohol percentages.

Sample items

  • 2026 random minimum: 50% drug, 10% alcohol of the average pool
  • Post-accident alcohol within 2 hours (stop at 8), drugs stop at 32 hours
  • Supervisor training: 60 minutes drugs + 60 minutes alcohol
  • Report refusals and other violations to the Clearinghouse by the end of the 3rd business day
  • Alcohol 0.02-0.039: off duty 24 hours
  • Drug and alcohol files kept separate from the DQ file

How to use it

  1. Use section 1 to check the program exists on paper.
  2. Give section 2 to whoever decides on post-accident tests.
  3. Fill the random tracker every month.
  4. If you are behind the 50% / 10% pace, tell the consortium now, not in December.

Who it's for

  • Designated Employer Representatives (DER)
  • Safety managers setting up a program
  • Owner-operators with their own authority (usually through a consortium)
  • Carriers preparing for an audit

Questions

What are the DOT random testing rates for 2026?

For FMCSA-regulated carriers, the minimum annual random rates for 2026 are 50% for drugs and 10% for alcohol, based on the average number of drivers in the pool.

When is a post-accident test required?

Always after a fatality. After an injury treated away from the scene or a disabling tow-away, only if the CMV driver receives a citation. Alcohol should be done within 2 hours (stop trying at 8), drugs within 32 hours.

Is marijuana allowed if it is legal in the driver's state?

No. Marijuana remains prohibited for DOT-covered drivers, including with a medical card.

Educational resource, not legal advice. Confirm every item in the current 49 CFR (ecfr.gov) and with FMCSA before acting.

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