Summary of Federal Laws

 

Employment

 

Miscellaneous Employment Laws

 

Omnibus Transportation Employee Testing Act of 1991

 

49 U.S.C. §§ 31,301 and 31,306; 49 C.F.R. Part 382.101 et seq.; 49 CFR 383.5; 61 Fed. Reg. 9546 (Mar. 8, 1996) and 61 Fed. Reg. 14,677 (Apr. 3, 1996) 65 Fed.Reg. 79462, Dec. 19, 2000 

Requires mandatory drug and alcohol testing for certain employees holding commercial driver's licenses who operate commercial motor vehicles.  This includes pre-employment (for drugs only), post-accident, reasonable suspicion, return to duty and follow-up testing.  Commercial motor vehicle is defined as a motor vehicle used in commerce to transport passengers or property that:

• has a gross vehicle weight rating of at least 26,001 pounds or a lesser gross vehicle weight rating the Secretary of Transportation prescribes by regulation, but not less than a gross vehicle weight rating of 10,001 pounds; and

• is designed to transport at least 16 passengers including the driver; or

• meets the weight requirements of (A) and is used to transport material found by the Secretary of Transportation to be hazardous as defined in the code.

 

Resources:

 

DOT Fact Sheet: Commercial Driver's License

2004 Random Testing Rates