Stay Compliant to Avoid Severe FMCSA Drug Testing Penalties

As a DOT-regulated business, you must comply with FMCSA drug testing penalties and Clearinghouse regulations. Failing to do so can result in crippling fines that impact your operations. Many businesses struggle to keep up with these rules, but non-compliance leads to serious consequences.

Some business owners believe violations are rare. However, on-site DOT audits continue to increase. These audits ensure compliance with drug and alcohol testing and FMCSA Clearinghouse regulations. Here are some common violations and penalties.

Common FMCSA Drug and Alcohol Testing Violations

We have compiled a list of common FMCSA drug and alcohol testing violations and their penalties.

Failing to implement a random drug and alcohol testing program 382.115(a) 

Every FMCSA-regulated company must have a random drug and alcohol testing program. Since 2018, the FMCSA has recorded 3,074 violations. For instance, FMCSA fined a carrier $4,180 for skipping this step.

If you don’t have a random testing program, contact us today to get started.

Using a Driver Without a Pre-Employment Drug Test Result 382.301(a)

Before hiring a driver, employers must conduct a pre-employment drug test. The driver must receive a negative result before performing safety-sensitive tasks. In May 2022, a company was fined $15,410 for this violation.

Failure to Conduct Random Alcohol Testing 382.305(b)(1)

Most employers know they must conduct random drug tests, but they often overlook random alcohol testing. FMCSA has reported 3,663 violations in this area. For example, one company was fined $22,620 in November 2021 for non-compliance.

Alcohol Concentration Violations (382.201)

A driver with a blood alcohol concentration of 0.04 or higher cannot perform safety-sensitive tasks. Driving under the influence risks lives. In October 2021, a manufacturing company was fined $11,720 for failing to comply.

FMCSA Clearinghouse Violations

The FMCSA Drug & Alcohol Clearinghouse (DACH) is a centralized database that tracks drug and alcohol violations. Since its launch in January 2020, penalties can reach $5,833 per violation.

Failure to Conduct a Pre-Employment Clearinghouse Query 382.701(a) 

Employers must check the Clearinghouse database before hiring a driver. This query reveals drug and alcohol violations in the driver’s history. For example, in May 2022, a carrier was fined $4,180 for skipping this step.

Consequences of Clearinghouse Violations

Drivers who fail to comply lose the ability to operate a CMV and risk losing their license. Additionally, FMCSA may suspend operating authority or revoke DOT numbers for employers. Moreover, FMCSA may issue a cease and desist order to companies, preventing them from conducting business.

What can InOut Labs do?

Regulations change every year, making compliance difficult. At InOut Labs, we simplify DOT drug and alcohol testing regulations. We help businesses stay compliant with all DOT agencies.

Stay ahead of DOT regulations. Contact us today to ensure compliance and avoid costly penalties!