DOT Drug & Alcohol Testing Violations & Penalties
(as of March 2022)
Not only does failing to comply with the DOT-required drug and alcohol testing program risk the lives of everyone on the roadways, but it also comes with a hefty price. Here are some of the top FMCSA violations – as well as real-world examples of fines levied to companies like yours
Violation | Relevant Code | Example |
---|---|---|
Failing to implement a drug/alcohol testing program
|
382.115(a) | A hazmat carrier in Québec, CA was fined $8,890 for violating code 382.115(a) in early 2022. |
Using a driver before receiving a pre-employment drug test result | 382.301(a) | A Delran, NJ trucking company was fined $8,140 in early 2022 when they violated code 382.301(a). |
Failing to conduct a post-accident alcohol or drug test | 382.303 | A trucking company in Gary, IN was fined $8,140 in Oct 2021 when they violated code 382.303. |
Failing to do random drug tests at the applicable annual rate | 382.305(b)(2) | An asphalt paving contractor in Colorado Springs, CO was fined $8,140 for violating code 382.305 in late 2021. |
A driver performing safety-sensitive functions without a follow-up testing program in place | 382.503 | In early 2022, a construction supply manufacturer in Fremont, NE was fined $7,370 for violating code 382.503. |
Using a driver who refused to take a drug/alcohol test | 382.211 | An Avondale, AZ transportation company violated code 382.211 and was fined $3,390 in late 2021. |
Using a driver with a .04 alcohol level | 382.201 | A structural components manufacturer in Edgeley, ND was fined $11,720 for violating code 382.201 in late 2021. |
Failing to implement a random controlled substance or alcohol testing program | 382.305 | A Green Bay, WI scaffolding rental company violated code 382.305 and was fined $12,010 in Oct 2021. |
Failing to do random alcohol tests at the applicable annual rate | 382.305(b)(1) | A refrigerated trucking and storage company in Jessup, MD was fined $6,030 in late 2021 for violating code 382.305(b)(1). |
Using a driver who has tested positive for a drug | 382.215 | In late 2021, a Fremont, CA trucking carrier violated code 382.215 and was fined $8,890. |
Failing to conduct a pre-employment query of the Clearinghouse | 382.701(a) | An Elk Point, SD cargo and freight carrier violated code 382.701(a) in late 2021 and was fined $2,190. |
Failing to conduct a query of the Clearinghouse at least once per year | 382.701(b)(1) | A trucking company in Laredo, TX was fined $3,500 for violating code 382.701(b)(1) in late 2021. |
Using a driver with a positive, adulterated, or substituted controlled substances test result in the Clearinghouse | 382.701(d) | A Waterloo, IA carrier was fined $1,750 in early 2022 for violating code 382.701(d). |
How Fines are Calculated
Using the guidelines above, inspectors will levy financial penalties for violations based on the following:
- How likely it was that the violator was aware of the issue
- Their ability to pay
- The seriousness of the violation
How Can Foley Help You?
These severe violations and penalties don’t have to be your fate. When you partner with Foley, you get a completely automated drug and alcohol compliance platform that keeps you on track. You will be notified whenever a driver requires a drug test, get the most up-to-date electronic Custody and Control Forms (eCCFs), and have total peace of mind.
Fill out the form or call (860) 815-0764 to get your FREE software demo now.