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regulation requirements. Distribution to each employee Preduty alcohol use prohibition: Four hours before per-
of these educational materials and the employer's policy formance of duty.
regarding the use of drugs and alcohol is mandatory.
Actions for BACs 0.0200.039: If the employer chooses
Supervisor training: One hour of training is required to return the employee to covered service within 8 h, the
on the specific, contemporaneous physical, behavioral, and BAC retest must be below 0.020.
performance indicators of probable drug use. One hour of
training is also required on the specific, contemporaneous Employee training (drugs): Employer must provide
physical, behavioral, and performance indicators of prob- EAP education with display and distribution of informational
able alcohol use. materials, display and distribution of a community service
hotline telephone number, and display and distribution of the
Reportable employee drug and alcohol violations: No employer's policy regarding the use of prohibited drugs.
requirements to report violations to FMCSA.
Employee training (alcohol): Employer must develop
Penalties and consequences: Any employer or driver materials that explain policies and procedures (as well as
who violates the requirements of 49 CFR Part 382 or 49 CFR names of those who can answer questions about the pro-
Part 40 is subject to the civil and/or criminal penalty. gram) and distribute them to each covered employee.
Other: The background check period for a job candidate's Supervisor training: One hour of training is required
previous drug- and alcohol-testing records for FMCSA is 3 on the specific, contemporaneous physical, behavioral, and
years. Drivers are prohibited from using alcohol for 8 h fol- performance indicators of probable drug use. One hour of
lowing an accident or until they have undergone a postac- training is also required on the specific, contemporaneous
cident alcohol test, whichever occurs first. physical, behavioral, and performance indicators of probable
alcohol use.
PIPELINE AND HAZARDOUS MATERIALS Reportable employee drug and alcohol violations: No
requirements to report violations to PHMSA.
The pipeline industry, regulated by the PHMSA, has approx-
imately 122,962 employees subject to testing (Swart, per-
sonal communication, Nov. 15, 2010). PUBLIC TRANSIT
Employees who must be tested: A person who performs The public transit industry, regulated by the FTA, has
on a pipeline or liquefied natural gas (LNG) facility in opera- approximately 277,793 employees subject to testing (Swart,
tion, maintenance, or emergency-response function. personal communication, Nov. 15, 2010).
Types of tests for drugs: Pre-employment, random, rea- Employees who must be tested: Employees performing
sonable cause, postaccident, return-to-duty, and follow-up. safety-sensitive functions, including persons who perform
For the year 2011, the minimum random drug-testing rate a revenue vehicle operation, revenue vehicle and equipment
was set at 25%. maintenance, revenue vehicle control or dispatch (optional),
CDL nonrevenue vehicle operation, or armed security duties.
Types of tests for alcohol: Postaccident, reasonable sus-
picion, return-to-duty, and follow-up. Types of tests for drugs: Pre-employment, random, rea-
sonable suspicion, postaccident, return-to-duty, and follow-
Definition of accident requiring testing: An accident up. For the year 2011, the minimum random drug-testing rate
is one involving gas pipeline facilities or LNG facilities was set at 25%.
or involving hazardous liquid or carbon dioxide pipeline
facilities. Types of tests for alcohol: Pre-employment (optional),
random, reasonable suspicion, postaccident, return-to-duty,
Reasonable suspicion determination: One trained super- and follow-up. For the year 2011, the minimum random alco-
visor can make the decision based on signs and symptoms. hol testing rate was set at 10%.
Reasonable cause determination: One trained supervi- Definition of accident requiring testing: Any accident
sor can make the decision based on reasonable and articu- involving a fatality requires testing. Testing following a non-
lable belief that the employee is using prohibited drugs on fatal accident is discretionary: If the employer can show that
the basis of specific, contemporaneous physical, behavioral, the employee's performance could not have contributed to
or performance indicators of probable drug use. the accident, no test is needed. Nonfatal accidents that may
