Page 27 - May-June2022 Vol 40 No 1

employers (including local governments) CHART A
are required to register with the DAC,
according to FMCSA. This includes all IF THEN
municipal employees whose job duties
require a CDL and their employer. The driver is applying to obtain a Class The driver must complete the required
A or Class B CDL for the first time entry-level training*
From the FMSCA:
DOT drug and alcohol tests include: The driver is seeking to upgrade an The driver must complete the required
existing Class B CDL to a Class A CDL
entry-level training for the class of
• Pre-employment – An employer must CDL to which the driver is upgrading
receive a negative drug test result or the endorsement(s) for which the
before permitting a CDL driver to driver is applying
operate a CMV. (§382.301).
• Post-accident – Drug and alcohol The driver is seeking to obtain a The driver must complete the required
School Bus (S), Passenger (P), or
entry-level training for the class of
tests may be required after crashes Hazardous Materials (H) endorsement CDL to which the driver is upgrading
according to Chart B (§382.303): for the first time or the endorsement(s) for which the
• Random – CDL drivers must be driver is applying
randomly tested throughout the year
(§382.305); an employer who employs The driver was issued a CDL or an S, The driver is not required to complete
only himself/herself as a driver, who P, or H endorsement prior to February training for the respective CDL or
is not leased to a motor carrier, shall 7, 2022 endorsement, even if it has since
implement a random testing program lapsed
of two or more covered employees The applicant who obtains a CLP prior The driver is not required to complete
in the random testing selection to February 7, 2022, and obtains a training for the respective CDL or
pool as a member of a consortium CDL before the CLP or renewed CLP endorsement.
(see §382.305 interpretation 11) expires
• Reasonable suspicion – Drivers who
appear to be under the influence of The applicant who obtains a CLP prior The driver must complete the required
drugs or alcohol can be immediately to February 7, 2022, and the CLP entry-level training
tested (§382.307). Employers must expires before the driver applies for
their CDL
train CDL driver supervisors to detect
the symptoms of driver impairment The applicant who obtained a CLP on The driver must complete the required
(§382.603). or after February 7, 2022, entry-level training
• Return-to-duty – Required for drivers
who tested positive, refused, or An individual who meets one of the The driver is exempt from the ELDT
otherwise violated the prohibitions exceptions for taking a skills test in requirements
49 CFR Part 383
of 49 CFR Part 382 Subpart B; and
who have completed the return-to- *For certified training providers, log into https://tpr.fmcsa.dot.gov/Provider
duty process with a DOT-qualified
substance abuse professional. This test CHART B
is directly observed, and a negative
result is required before resuming Citation Issued Test Must Be
driving duties (§382.309 and §40.305). Type of Accident to the CMV Performed
• Follow-up – Required for drivers Involved Driver by Employer
who tested positive, refused, or Human Fatality Yes Yes
otherwise violated the prohibitions
of 49 CFR Part 382 Subpart B; and Human Fatality No Yes
who have completed the return-to-
duty process with a DOT-qualified Bodily Injury w/ Immediate Medical Yes Yes
substance abuse professional, and Treatment Away from the Scene
have tested negative for a return-to- Bodily Injury w/ Immediate Medical No No
duty test. This testing is prescribed Treatment Away from the Scene
by the substance abuse professional
for a minimum of 6 directly observed Disabling Damage to Any Motor Yes Yes
tests in 12 months, but can be Vehicle Requiring Tow Away
extended an additional four years
(§382.311 and §40.307). Disabling Damage to Any Motor No No
continued on page 28 Vehicle Requiring Tow Away

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