When Is a Pre-Employment Drug Test Required for CDL Drivers?

Under FMCSA rule 49 CFR 382.301, a driver must undergo a controlled substances test before first performing safety-sensitive functions for an employer. The rule states that the employer may not allow the driver to perform those functions until it has received a verified negative result from the Medical Review Officer (MRO) or the consortium or third-party administrator (C/TPA).

The rule lists a limited exception with several conditions. They include that the driver took part in a qualifying testing program within the previous 30 days and, while in that program, was tested within the past 6 months or was in the random testing program for the previous 12 months, and the employer confirms that no known prior employer has a record of a violation within the previous six months. Section 382.301 also lists records the employer must obtain to use that exception.

The same section states that pre-employment alcohol testing is allowed but not required. A pre-employment test involves a collection site and a Medical Review Officer (MRO) or C/TPA that reports the verified result. Each of these provider types is listed in the MyDrugTesting.com directory, which can be searched by location and service.