DOT Drug and Alcohol Policy Requirements for Trucking Companies
Every motor carrier with CDL drivers must give each driver written materials that explain the FMCSA drug and alcohol rules and the company's own policy. The rule is 49 CFR 382.601. It lists what the materials must cover, and each driver must sign that they got a copy.
Updated September 28, 2026 · Checked against the federal regulations
What 382.601 requires
You must provide educational materials that explain the Part 382 rules and your company's policies and procedures for meeting them. Most carriers put this in a written drug and alcohol policy.
Each driver must get a copy before testing starts. Every driver you hire or move into a CMV driving job later must get a copy too. If your drivers have a union or other employee organization, you must give its representatives written notice that the information is available.
What your policy must cover
The materials must include a detailed discussion of at least these topics:
- The person you named to answer driver questions about the materials
- Which drivers are covered by the rules
- The safety-sensitive functions, so drivers know when during the workday they must comply
- The specific conduct that is prohibited
- When drivers will be tested, including post-accident testing
- The testing procedures and how drivers and test integrity are protected
- That drivers must submit to required tests
- What counts as a refusal to test and what happens after
- Consequences of a violation, including immediate removal from safety-sensitive work and the return-to-duty process in Part 40, Subpart O
- Consequences of an alcohol result of 0.02 or greater but less than 0.04
- Effects of alcohol and drug use on health, work, and personal life; warning signs; and ways to step in, such as an employee assistance program
- Which violations and return-to-duty steps are reported to the FMCSA Clearinghouse
Company rules that go beyond DOT
You may add your own rules, such as stricter consequences. The rule allows this, but those extra policies must be clearly marked as based on your own authority, not on DOT rules. Keep them visibly separate so drivers are not confused.
The signed certificate of receipt
Each driver must sign a statement certifying that they received a copy of the materials. You must keep that signed certificate. You may give the driver a copy.
An auditor will often ask for these signed receipts. A missing receipt for even one driver can be a finding.
How long to keep policy records
Under 49 CFR 382.401, education and training records include a copy of your policy and each driver's signed receipt. Keep them while the driver works in the job that requires them, and for two years after the driver stops.
Pact Compliance collects each driver's signed policy acknowledgement and keeps it on file.
Common questions
Is a written DOT drug and alcohol policy required?
Yes. 49 CFR 382.601 requires you to give drivers educational materials explaining the rules and your policies and procedures. Most carriers meet this with a written policy.
Do drivers have to sign the drug and alcohol policy?
Yes. Each driver must sign a statement certifying they received a copy, and you must keep the signed certificate.
When does a new driver need the policy?
Before they start testing under Part 382. The rule says each driver hired or transferred into a CMV driving position must get a copy.
Can my policy be stricter than DOT rules?
Yes. You can add company rules, but they must be clearly described as based on your own authority, not DOT's.
Does the policy have to mention the Clearinghouse?
Yes. It must explain which information is reported to the Clearinghouse, such as verified positive tests, refusals, and return-to-duty results.
Do owner-operators need a drug and alcohol policy?
An owner-operator is both the employer and the driver under Part 382, so the employer duties, including 382.601, still apply.