What regulation requires a detailed drug and alcohol testing policy for truck drivers?
The Federal Motor Carrier Safety Regulation that requires a detailed drug and alcohol testing policy is 49 CFR Part 382.601.
What must be included in my drug and alcohol testing policy?
49 CFR Part 382.601 details what must be included in a drug and alcohol testing policy for safety-sensitive employees regulated by the FMCSA. The materials made available to employees shall include a detailed discussion of prohibited driver conduct, circumstances and procedures for testing, an explanation of what constitutes a refusal to submit, consequences for policy violation and more.
An effective drug and alcohol testing policy covers all the required material and is written in plain English so that employees can understand their rights and responsibilities
In my policy, can I state that I will terminate an employee after the first positive drug test result yet after the second positive alcohol test result?
Yes. The DOT regulations do not address employee terminations for prohibited drug- and alcohol-related conduct. The employer can establish a policy to terminate after the first prohibitive conduct event, second event or not at all. The regulations only require that employers continue to meet the regulatory requirements after a violation by removing the individual from safety-sensitive functions and making sure the employee completes the Substance Abuse Professional (SAP) evaluation and recommended treatment, receives a negative Return-to-Duty test result and complies with the SAP’s Follow-Up testing program.
What are the six DOT testing situations?
What drugs are tested in the DOT Drug and Alcohol Testing Program?
Five drugs and drug metabolites are tested for in the DOT program: Marijuana, Cocaine, Amphetamines, Opiates and Phencyclidine (PCP).
Where are DOT-regulated employees tested for substance abuse?
A collection site is the simple answer. As long as it meets the applicable Department of Transportation (DOT) requirements, a collection site may be in a medical facility, mobile facility, a dedicated collection facility or any other location. Per DOT regulations, the facility must employ qualified collectors and provide the donor with substantial privacy while urinating. Collection sites must also have all the necessary personnel, supervision, materials, equipment and facilities to provide for the temporary storage and shipping of the specimen to the laboratory.
How long does it take to get a test result?
Results are generally reported to the MRO and then the client within 24 to 72 hours after the lab received the specimen.
I was supposed to have a drug and alcohol testing program years ago, but I never implemented one. It’s now August 15. What do I need to do to start a program so that I can be in compliance?
You could join a consortium pool managed by a Consortium/Third-Party Administrator, such as Foley. This would allow you to meet your annual testing requirement before the end of the calendar year. However, you would still not be able to satisfy the part of the regulation that requires testing to be spread throughout the year.
Do I have to be in this program? I know other guys who own their own trucks and they say I’m crazy for being in a program. They’ve never had any trouble from the DOT.
According to DOT regulations, you must be in a comprehensive drug and alcohol testing program including Random testing. Both you and the other companies are being closely monitored by the Federal Motor Carrier Safety Administration’s CSA2010 safety measurement system and trouble in the drug and alcohol or any other DOT compliance category could trigger a review of your company at any time. Once FMCSA discovers that your acquaintance does not have a program, the fines will add up quickly.
All of our supervisors have commercial driver’s licenses (CDLs) in case we need them to drive. Do they need to be in our DOT drug and alcohol testing program?
Yes. The Federal Motor Carrier Safety Regulations (FMCSRs) state that employees who are available to drive if needed must be in a Drug and Alcohol Testing Program. The fact that they are available to perform safety-sensitive functions requires them to be in a program.
I have three employees who have CDLs, but they rarely drive vehicles over 26,000 pounds. Do they need to be in the Random testing program?
Yes. The Federal Motor Carrier Safety Administration (FMCSA) requires that anyone “available to drive” a vehicle over 26,000 pounds must be in a Random testing program.
My employees drive trucks with gross vehicle weight (GVW) ratings of 28,000 pounds, and they also paint gas pipelines. What type of drug and alcohol testing program do they need to be in?
Your employees must be in a program that complies with both Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) rules. The FMCSA regulations apply because your employees drive trucks with a GVW rating greater than 26,000 pounds and the PHMSA regulations apply because they work on pipelines.
I have a part-time driver who is in a drug and alcohol testing program with his full-time employer. Does he have to be in my program also?
FMCSA has issued an interpretation stating that a driver must be covered in each employer’s program for which the driver drives unless the employers have an agreement to share drug and alcohol testing program information. Essentially, the other company must agree in writing to provide you with the driver’s Random testing events as well as any other pertinent drug and alcohol testing program information. We find that most employers are reluctant to enter this type of agreement and that it is often less time consuming and less costly to merely add the part-time driver to your program..
Do Mexican and Canadian employers need to have a Drug and Alcohol Testing Program if they have drivers who drive into the United States?
Yes. All safety-sensitive employees who drive in the United States — including drivers from Canada and Mexico — must meet the requirements of Part 40.
Are 49 CFR Part 382 alcohol and drug testing requirements applicable to firefighters in a state that gives them the option of obtaining a CDL or a noncommercial Class A or B license restricted to operating fire equipment only?
No. The applicability of Part 382 is coextensive with Part 383 — the general commercial driver’s license (CDL) requirements. Only those persons required to obtain a CDL under Federal law and who actually perform safety-sensitive duties are required to be tested for drugs and alcohol.
The Federal Highway Administration (FHWA) has granted states the option of waiving CDL requirements for firefighters. A state that gives firefighters the option of obtaining either a CDL or a non-commercial license has exercised the option not to require CDLs. 49 CFR Part 382 is not applicable to firefighters who obtained their driver’s licenses from states that do not require a CDL for firefighters.
I had an employee who was out under Family Medical Leave Act (FMLA) for six months. During this time he was removed from the Random pool. Now that he is ready to return to work, should he be tested?
Yes. The employee must take a Pre-Employment test, and you as the employer must have a negative test result on file before he can resume safety-sensitive duties. All employees regulated by the Federal Motor Carrier Safety Administration (FMCSA) must take a Pre-Employment test if they have been out of the employer’s Random testing pool for more than 30 days. Employers should not confuse this test with the Return-to-Duty test, which is administered before an employee can return to safety-sensitive duties following a violation of the DOT drug and alcohol regulations.
When may I, as the employer, release the driver’s test information kept under the drug and alcohol testing program if I do not have the driver’s written permission?.
You may release drug and alcohol testing program information when it is:
- Required by a DOT agency.
- as part of a lawsuit, grievance or other proceeding initiated by the driver
How does blind specimen testing work?
An employer or Consortium/Third Party Administrator (C/TPA) with a total of 2,000 or more DOT-regulated employees must send blind specimens to the laboratories that process its drug tests. The blind specimens, which are known positives, negatives, adulterated and substituted specimens, are sent to the laboratory with fictitious identifiers so that the laboratory can not distinguish them from employee specimens. They are submitted for quality control purposes.
What is the only authorized confirmation method for drugs?
GC/MS – Gas Chromtolography Mass Spectrometry.
Why didn’t I receive a statistical summary report from my Consortium/Third Party Administrator?
DOT regulation [49 CFR Part 40.111] states that an employer with fewer than five test results in a six-month period will not receive a statistical report. This is to avoid the possibility that information about an employee’s test result will be inferred.