Welcome to the “5310-only” Agency Webpage

What is a “5310-only” agency?

An agency which receives a Section 5310 grant from the Florida Department of Transportation but does not receive any other types of transportation funding (such as Section 5311). The resources, guidance and information on this specific webpage, is not applicable to agencies that are direct grantees of Section 5307 and/or 5309 or a sub-recipient of Section 5311.

What is the purpose of this webpage?

This webpage provides substance abuse management guidance to “5310-only” agencies, which includes information regarding the applicability of federal drug and alcohol testing regulations and the FDOT Substance Abuse Policy requirements.

How is a “5310-only” agency different from other transportation agencies?

A “5310-only” agency is exempt from the Federal Transit Administration’s drug and alcohol testing rules. This means that a “5310-only” agency cannot perform FTA testing of their employees because they are not authorized to do so. Additionally, if a “5310-only” agency does not operate any vehicles that require a commercial driver’s licenses (CDL) to operate, they are exempt from all federally mandated drug and alcohol testing. In this situation, the agency is only required to implement a policy that meets the FDOT (state) minimum policy requirements. FDOT has created a policy template to help agencies meet the minimum policy requirements.

However, when a “5310-only” agency operates vehicles which require a CDL to operate, the drivers of those vehicles are covered by the Federal Motor Carrier Safety Administration (FMCSA) Controlled Substances and Alcohol Use and Testing rules which are codified as 49 CFR Part 382. It is important to note that the FMCSA testing rule for Commercial Motor Vehicle operators is only applicable to the agency’s employees and volunteers who actually operate the CDL-required vehicles. Employers are not authorized to use the federal testing program to test an employee or volunteer who does not drive a CDL-vehicle.

The FMCSA drug and alcohol testing rules describe the circumstances under which a federal drug and/or alcohol test is authorized and when it must be performed by an employer, 49 CFR Part 382. The rules also mandate specific policy and training requirements and require that all testing is conducting using the USDOT Procedures for Transportation Workplace Drug & Alcohol Testing, codified as 49 CFR Part 40.

These are the key requirements of a compliant Federal Motor Carrier Safety Administration Drug & Alcohol Testing Program:

Policy

The FMCSA regulation outlines the information that all covered employees must be provided about the requirements of the drug and alcohol testing program [see 49 CFR Part 382.601]. To assist Florida’s 5310-only agencies in implementing a compliant policy, FDOT developed a Zero Tolerance policy template which agencies can easily adopt and disseminate to their CDL drivers. The policy template, which includes instructions for adoption, can be downloaded here: Applicable to Employees and Volunteers Operating CDL Vehicles within a “5310-only” Agency

Pre-Employment Testing

Every applicant who will be driving a CDL-vehicle must first undergo a pre-employment drug test. You may also conduct pre-employment alcohol testing, but it is not required. If you chose to conduct pre-employment alcohol testing, you must apply the testing consistently for all applicants. A negative pre-employment drug test result must be received by your agency’s Designated Employer Representative (DER) prior to the new employee driving the CDL vehicle, this includes driving as part of “behind the wheel training” in a CDL vehicle.

Random Testing Pool

Once a negative pre-employment test is received, the employee or volunteer can begin driving the CDL vehicle. Upon placement into the safety-sensitive position (driving a CDL vehicle), the driver’s name must be entered into a random testing pool. Each driver must have an equal chance of being selected each time a random selection draw is made. The selections must be made using a scientifically valid method. This is typically achieved by using a software program designed for this purpose or using the services of a *Third Party Administrator to manage the random pool and generate the selections. Employers are required to test a minimum of 50% of their random pool for controlled substances use annually and a minimum of 10% of their random pool for alcohol misuse annually. Draws must be made no less frequently than quarterly. Employers can combine their employee pool with other employer pools of similar size, this is known as a consortium. A consortium can meet the annual minimum testing percentages as a whole and each of the members of the consortium are compliant even if they have not individually met the minimum annual testing percentages.

Post-Accident Testing

Drivers are subject to federal drug and alcohol testing when they are involved in a motor vehicle accident which meets the thresholds defined by FMCSA. The chart below demonstrates the thresholds. It’s important to note that federal testing is not authorized when the thresholds are not met at the scene.

Reasonable Suspicion Testing

Supervisors must receive specific training to become authorized to make reasonable suspicion testing referrals when they have observed signs of impairment in a driver. The training must include a minimum of sixty minutes of training on the signs and symptoms of probable controlled substances use and an additional sixty minutes of training on the signs and symptoms of possible alcohol misuse. An employer should ensure that supervisors are available to make reasonable suspicion testing referrals throughout all hours of the workday in which drivers are on-duty.

Consequences for Violation of the Federal Testing Program

An applicant, employee or volunteer who tests positive on a federally required drug test or refuses to submit to a required drug test or produces a confirmed BAC of 0.04 or above on a federally-required alcohol test must be immediately removed from CDL-driving duties. The employer must provide the violating applicant, employee or volunteer a list of USDOT-qualified Substance Abuse Professionals. The individual will not be authorized to resume safety-sensitive duties for any USDOT-covered employer until they have successfully completed the USDOT’s Return to Duty Process, with a Substance Abuse Professional per 49 CFR Part 40 Subpart O.

Disclaimer: This webpage guidance is only an overview of the federal testing program regulations and is not to be considered inclusive of all regulatory requirements. Please refer to the complete regulations for greater detail: 49 CFR Part 382 and 49 CFR Part 40