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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. 

Current Maximum Penalty Amount: $16,864 

Current Maximum Penalty Amount for Clearinghouse Violations: $5,833

 

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.


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