Row 5: No random drug and alcohol testing program (49 CFR 382.305)

Row 5 fails a new carrier that has not implemented a random controlled substances and alcohol testing program. It is separate from row 1: a carrier can have a policy and pre-employment tests and still fail here.

What the rule requires

49 CFR 382.305 requires every employer to run random alcohol and drug testing, and every driver to submit to it. Key parts:

Owner-operators

An employer who employs only himself or herself as a driver must be in a random pool of two or more covered employees (49 CFR 382.103). A one-person company can't run its own random program; joining a consortium is the practical way to comply.

Records that prove the program exists

A new driver who isn't added to the pool, or a pool that dropped your company when an invoice went unpaid, are common ways to slip out of compliance without noticing. Ask the consortium for your current roster each quarter and compare it with your driver list.

How to fix it

  1. Enroll with a consortium/TPA and add every CDL driver, including yourself if you drive.
  2. Get written confirmation of enrollment with the date, and keep it.
  3. Set up how you'll be notified of selections and how you'll send drivers immediately.
  4. Keep paying the consortium; a lapsed membership can mean no random program.

If an auditor finds this violation, the audit fails. FMCSA then has up to 45 days to send written notice, and you get 60 days from the notice date to fix the problem and prove it (45 days for certain passenger and hazmat carriers) before your new entrant registration is revoked (49 CFR 385.319, 49 CFR 385.325). The overview explains the timeline.

Related

Sources

Sources opened and checked on October 11, 2026.

Not legal advice. This page explains public rules and common contract terms in plain English; it is not a substitute for reading your own documents or asking a qualified professional. Rules change, so check the official source.