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 — this template provides the civilian framework.
💡 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 — full-time, part-time, temporary, and contract workers — and specify which roles are designated safety-sensitive, as they trigger additional testing obligations and stricter BAC thresholds.
💡 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.
💡 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 — typically 25–50% of the covered pool per year.
💡 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.
💡 Confirm the collection site's hours before publishing the policy — 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 — EAP referral, suspension, termination — to each violation type and each role category (safety-sensitive vs. general). Ensure consequences are graduated and consistently applied.
💡 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.
💡 Confirm with your EAP provider what services are covered before citing them in the policy — 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.
💡 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.