Employers must provide all covered drivers with resource information on drug use, alcohol misuse, and the FHWA rules. Effect of Collective Bargaining Agreement. An employer cannot avoid its obligation to establish an alcohol and drug testing program by a provision contained in a collective bargaining agreement. However, there may be certain aspects of an employer's testing program which may be subject to collective bargaining. For example, the employer may be required to bargain over whether the employer or the employee pays for the required drug assessment and evaluation required by law following a positive test result.
Many employers already have alcohol and drug testing policies in place.
Those employers who are or will be covered by the new FHWA rules should now re-examine these policies. Covered employers should also review their employees' functions and identify those which are safety-sensitive. Those covered employers without alcohol and drug testing programs will now have to develop such programs to comply with the new FHWA rules.