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FMCSA Drug Testing

What is the FMCSA New Entrant Safety Audit


As one of the Nation's leading service providers for DOT and NON-DOT Drug Testing and full service TPA Services. DOT Drug Testing USA receives numerous inquiries from single operators, employers and DER's in regard to their New Entrant Safety Audit for the Federal Motor Carrier Safety Administration (FMCSA). This audit typically occurs within 12 months of beginning operations.

We have provided a brief summary of the checklist as it pertains to the drug and alcohol program and driver qualification files.

What is required for the New Entrant Safety Audit?


Part 40 & 382 - Drug and Alcohol Program


Do you or your company have?



  1. DOT written Drug and Alcohol written policy and copies of driver's acknowledgement of receipt (49 CFR382.601)

  2. Proof of enrollment in 3rd party consortium and consortium roster showing all CDL drivers are enrolled in the random selection pool. (49 CFR 382.305 and 382.403)

  3. Annual MIS Summary for previous calendar year indicating the total drivers in the selection pool, the number tested for controlled substance and the number selected for alcohol tests.

  4. Negative Pre-employment drug test for each CDL driver also to include the Federal Custody and Control Form AND Negative test result signed by MRO (49 CFR 382.301)

  5. ALL Positive or driver refusals for controlled substance and/or alcohol tests.

  6. If the employer/carrier is using a driver who has tested positive for controlled substance or alcohol, provideevidence of the return to duty process and associated paperwork. (49 CFR 40 subpart O)

  7. Proof of successful completion of supervisor reasonable suspicion training (49 CFR 382.603)

  8. Documentation of ALL Post-accident-controlled substance and alcohol test, if applicable (49 CFR 382.303)

  9. Proof the employer has asked driver if they have ever tested positive, or refused to test, on any pre-employment-controlled substance or alcohol test, which they did not obtain safety sensitive transportation work covered by DOT testing rules. (CFR 49 40.25 j)


Part 391 – Do Your Driver Qualification Files containing the following?


  1. Driver's application for employment must meet requirements of 49 CFR 391.21

  2. Inquiry to all previous employers within the past 3yrs - background check of safety sensitive functions. (49 CFR 391. 23a 2 & c)

  3. Inquiry to state motor vehicle records (MVR) covering 3yrs dated within 30 days of hire (49 CFR 391.23a 1 & b)

  4. Annual driver certificate of violation, if the driver has been with the carrier over 365 days (49 CFR 391.27)

  5. Annual MVR, if the driver has been with carrier over 365 days (49 CFR 391.25)

  6. Carrier's annual review of MVR, if the driver has been with the carrier over 365 days (49 CFR 391.25)


Click here for the FMCSA New Entrant Safety Audit Resource Guide


Click here to download the FMCSA New Entrant Safety Program Brochure



For more information on implementing a DOT Drug Policy, MVR Reports or to enroll in a DOT random drug and alcohol testing pool, click the button below or call us at 800-579-8083

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