Why Many Seasonal Employers Are Risking Huge Fines From The DOT?

If you employ CDL drivers seasonally, you must understand this often-overlooked DOT requirement. 

DOT regulations require employees who leave the drug testing pool for more than 30 days to pass a pre-employment drug test before rehiring.

Even if your seasonal employees are not DOT-regulated, conducting this test is a good practice.

For example, if you lay off employees for the winter, you must conduct a pre-employment drug test when rehiring them in the spring.

However, if a driver remains available for safety-sensitive duties, such as operating a CDL-required vehicle, they must stay in the random testing pool. If an employee is “on call,” you must keep them enrolled.

Option

Some seasonal employers keep their drivers in the pool during the off-season. They test them if selected, even when they are not driving. Others remove them from the pool and conduct a test upon re-hire.

Here is the rule:

https://www.fmcsa.dot.gov/regulations/title49/section/382.301

Question 3: Does a driver need a pre-employment drug test after returning to a previous employer following termination?

Guidance: Yes. A controlled substances test must be administered any time employment has been terminated for more than 30 days and the exceptions under §382.301(c) were not met.

Question 4: Do seasonal drivers need a pre-employment drug test when rehired after a long layoff?

Guidance: If the company considers the driver an employee during the extended layoff period, a pre-employment test is not required. However, the driver must remain in the company’s random testing program during the layoff period.

If the company does not consider the driver an employee at any point during the layoff, a pre-employment test becomes necessary. The same rule applies if the driver was not part of a program or remained uncovered for more than 30 days.

For non-regulated employees returning after a layoff, we always recommend conducting a pre-employment drug test. Employers should include this requirement in their written policy.

Please contact us if you have any questions.

For more information on employee drug testing for all industries, contact InOut Labs at www.inoutlabs.com or toll free at 847-657-7900.