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Core program

Drug and Alcohol Program

Substance abuse policy, testing procedures, supervisor training, employee assistance.

Citation:DOT 49 CFR Part 40 / CA Labor Code §2922
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What this document is

This document is a complete written Drug and Alcohol Program that sets clear rules for a workplace free of substance abuse. It outlines testing procedures, training requirements, and support resources for employees and supervisors.

The regulation that requires it

DOT 49 CFR Part 40 establishes procedures for drug and alcohol testing of safety-sensitive transportation employees and requires employers to have a written policy. CA Labor Code §2922 supports employer authority to implement drug-free workplace programs and testing consistent with state and federal law. The rule requires employers to conduct pre-employment, reasonable suspicion, post-accident, random, and return-to-duty testing while protecting employee privacy and ensuring proper collection and laboratory procedures.

Who needs it

Construction contractors and employers with safety-sensitive positions must maintain this program. It applies across the United States for DOT-regulated operations and is particularly important for California contractors subject to state labor and workplace safety rules. Any employer whose workers operate vehicles, equipment, or perform safety-sensitive tasks should have these policies in place.

What happens without it

Employers without a compliant program face higher risk during OSHA or DOT inspections. Violations can be cited as serious or willful under the current OSHA penalty schedule, with serious violations carrying substantial fines and willful violations carrying significantly higher penalties. Multi-employer worksites increase the chance of cascading citations when one contractor lacks proper policies.

What's included in the generated document

  • Written substance abuse policy statement
  • Detailed drug and alcohol testing procedures
  • Supervisor training requirements and materials outline
  • Employee assistance program referral process
  • Recordkeeping and confidentiality protocols

How to implement it at your company

  1. Talk to Guy first. Describe your operation, trade, and location — Guy draws from 300,000+ verified OSHA and state regulatory citations to build a compliance plan specific to your company. Your answers shape every section of the document you receive. Takes about 10 minutes.
  2. Review the document and customize any company-specific details such as EAP contacts or testing lab information.
  3. Distribute the policy to all employees and obtain signed acknowledgments.
  4. Schedule and document supervisor training on recognizing signs of impairment.
  5. Select and contract with a qualified third-party testing administrator and medical review officer.
  6. Integrate the policy into your safety manual and review it annually for updates.