Every DOT-regulated employer must have a written drug and alcohol policy. Here's what it must include, who needs one, and how to make sure yours holds up during an audit.
The policy must be given to each safety-sensitive employee before they begin performing safety-sensitive functions. Simply having a policy isn't enough — employees must receive it, and employers must be able to prove it was distributed.
Clearly state what is prohibited — including the use, possession, sale, or being under the influence of alcohol or drugs while performing safety-sensitive functions. Alcohol use within 4 hours of performing safety-sensitive duty must be prohibited. Alcohol use following an accident (before testing) must also be addressed.
The policy must state when testing will occur — pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up. Each test type should be briefly explained so employees understand when they can be tested.
State the actions that will be taken when an employee violates the policy — including immediate removal from safety-sensitive duty following a positive test, refusal, or confirmed alcohol result of 0.04 or above. Include return-to-duty conditions and the SAP evaluation requirement.
The policy must include information about resources available to employees struggling with drug or alcohol issues — including EAP (Employee Assistance Program) referrals and the requirement to evaluate with a SAP before returning to duty after a violation.
The policy should disclose that supervisors who make reasonable suspicion determinations have received the required training — a minimum of 60 minutes on recognizing drug use indicators and 60 minutes on alcohol misuse indicators.
Address how legally prescribed medications are handled. Employees are not required to disclose prescriptions before a test, but may provide a medical explanation to the MRO after a non-negative result. The policy should clarify expectations around duty impairment from any substance.
Supervisors who can make reasonable suspicion referrals must complete specific training before doing so. This is a regulatory requirement — not optional.