The five tests
| Test | Rule |
|---|---|
| Pre-employment A verified negative drug result before the driver's first safety-sensitive work. Run the Clearinghouse full query at the same time. | §382.301 |
| Random Unannounced, spread across the year, every driver with an equal chance. Minimum annual rates for 2026: 50% of drivers for drugs, 10% for alcohol. | §382.305 |
| Post-accident After any crash with a fatality; after a crash with an injury treated away from the scene or a tow-away, if the driver gets a citation. | §382.303 |
| Reasonable suspicion When a trained supervisor sees signs of drug or alcohol use and documents them. | §382.307 |
| Return-to-duty and follow-up After a violation: a negative return-to-duty test, then the follow-up tests the substance abuse professional sets. | §382.309, §382.311 |
Post-accident time limits: alcohol within 2 hours if possible and never after 8 hours; drugs within 32 hours. If a test is late or not done, write down why.
What the program needs on paper
- A written policy and educational materials given to every driver, with a signed receipt. §382.601
- Supervisor training: at least 60 minutes on alcohol misuse and 60 minutes on drug use for every supervisor who may make a reasonable-suspicion call. §382.603
- A random pool run by you or a consortium/third-party administrator (C/TPA), with records of who was selected and tested.
- Clearinghouse queries before hire and every year, and reports of violations within 3 business days. How the queries work.
Owner-operators
A one-truck carrier that employs itself as the driver still needs a program. In practice that means joining a consortium for the random pool and designating a C/TPA in the Clearinghouse, who handles the employer side of your own testing and reporting.
How long to keep the records
| Records | Keep for |
|---|---|
| Alcohol results of 0.02 or higher, verified positive drug results, refusals, SAP evaluations, and program administration records such as the annual summary | 5 years |
| Records of the collection process | 2 years |
| Negative and canceled drug results, alcohol results under 0.02 | 1 year |
| Training records for supervisors, drivers and testing technicians | While the person does the job, plus 2 years |
Keep these separate from the driver qualification file and limit who can see them. §382.401
A program that holds up in an audit
We check your policy, random pool, Clearinghouse queries and records against Part 382 and keep every driver's testing dates on the same calendar as their other documents.
Sources: 49 CFR 382.301–382.311, 382.401, 382.601, 382.603; FMCSA notice keeping 2026 random testing rates at 50% for drugs and 10% for alcohol. General information, not legal or medical advice. IFTAX is not affiliated with FMCSA or any government agency.