1
Confirm which regulatory framework applies
Determine whether your employees are subject to DOT regulations (FMCSA, FAA, FTA, FRA, PHMSA), the Drug-Free Workplace Act (federal contractors), or only state and general employment law. DOT-regulated employers must follow 49 CFR Part 40 exactly β this template provides the civilian framework.
π‘ If even one role is DOT-regulated, maintain a separate DOT-compliant policy alongside this general policy rather than merging them.
2
Define the scope and covered roles
List every category of worker the policy covers β full-time, part-time, temporary, and contract workers β and specify which roles are designated safety-sensitive, as they trigger additional testing obligations and stricter BAC thresholds.
π‘ Use job titles rather than department names in the scope section so coverage is unambiguous when roles are renamed or reorganized.
3
Select the substances and cut-off levels
Choose the standard testing panel (five-panel or ten-panel) for your industry and confirm the BAC cut-off thresholds for alcohol. For safety-sensitive roles, 0.02 BAC is typically the action level and 0.04 BAC is the removal level.
π‘ For states where cannabis is legal, add explicit language on whether off-duty cannabis use is permitted for non-safety-sensitive roles and cite the applicable state statute.
4
Identify your testing circumstances and frequency
Document every trigger situation: pre-employment, random (including the annual percentage), post-accident, reasonable suspicion, return-to-duty, and follow-up. Set the random testing percentage β typically 25β50% of the covered pool per year.
π‘ Tie post-accident testing time windows to specific thresholds (e.g., any OSHA recordable injury, any accident causing vehicle damage above $[X]) to give supervisors a clear decision rule.
5
Select and document your collection and laboratory vendor
Name the certified collection site, backup site, and SAMHSA-certified laboratory in the policy or in a referenced appendix. Include the name and contact for your Medical Review Officer.
π‘ Confirm the collection site's hours before publishing the policy β a site that closes at 5 p.m. cannot support post-accident testing on evening shifts.
6
Draft the consequences matrix by role type
Map specific consequences β EAP referral, suspension, termination β to each violation type and each role category (safety-sensitive vs. general). Ensure consequences are graduated and consistently applied.
π‘ Have HR review the consequences matrix against your existing progressive discipline policy to eliminate contradictions before publishing.
7
Add the self-disclosure and EAP referral language
State clearly when voluntary self-disclosure triggers protection, when it does not, and how EAP referrals work. Reference your EAP provider by name and include contact information.
π‘ Confirm with your EAP provider what services are covered before citing them in the policy β referencing a benefit the EAP no longer offers creates both confusion and legal exposure.
8
Distribute, acknowledge, and document
Distribute the final policy to all covered workers and collect a signed acknowledgment from each employee confirming they received and understood the policy. Retain acknowledgments in personnel files.
π‘ Build acknowledgment collection into your onboarding checklist for new hires so it is never skipped, and re-collect signatures whenever the policy is materially revised.