Top Tier Solutions

Are Owner-Operators that operate commercial motor vehicles (CMVs) on the public roads that require a commercial driver’s license (CDL) subject to DOT drug and alcohol testing?

Yes, any person operating a CMV requiring a CDL in intrastate or interstate commerce is required to participate in a DOT Drug & Alcohol Testing Program.

Owner-operators must register with a consortium and participate in the Consortium’s random testing pool. A Consortium/Third-Party Administrator (C/TPAs) is an entity that manages all, or part, of an employer's DOT drug and alcohol testing program.

The Federal Motor Carrier Safety Administration (FMCSA), along with the Department of Transportation (DOT), requires that persons subject to the commercial driver’s license (CDL) requirements and their employers follow alcohol and drug testing rules. These rules include procedures for testing, frequency of tests, and substances tested for.

On May 2, 2023, the Department of Transportation (DOT) published a final rule that, among other items, authorizes employers to use oral fluid drug testing as an alternative testing methodology to urine drug testing.

The final rule will be effective June 1, 2023 and also:

•harmonizes with pertinent section of the HHS oral fluid Mandatory Guidelines,

•clarifies certain Part 40 provisions that cover urine drug testing procedures,

•removes provisions that are no longer necessary,

•adds eight new definitions, clarifying language to definitions and web links, and

•updates provisions to address issues that have risen in recent years.