Q3. Random Testing Selection Period: A driver that was selected in the first quarter but was tested on April 4. Is the motor carrier in violation for not testing the driver in the selection period they were selected, since the first quarter selection runs from January 1 to March 31? Also, does this random test [...]
Question 1: If a driver refuses to sign a statement certifying that he or she has received a copy of the educational materials required in §382.601 from their employer, will the employee be in violation of §382.601? May the driver’s supervisor sign the certificate of receipt indicating that the employee refused to sign? Guidance: The [...]
Drug testing detects the presence of drugs and drug metabolites using cutoff levels to determine whether a specimen tests positive or negative for the use of a specific drug. A cutoff level is a threshold. If the concentration of a drug is above the cutoff, it is a positive result. If it is below, it [...]
Drugs 5 Panel Non DOT 10 Panel Non DOT 10 Panel + Exp Opi 5 Panel DOT "Like" 5 Panel DOT Amphetamines (Including Meth & MDMA) ✔ ✔ ✔ ✔ ✔ Cocaine ✔ ✔ ✔ ✔ ✔ Phencyclidine ✔ ✔ ✔ ✔ ✔ Marijuana ✔ ✔ ✔ ✔ ✔ Opiates (Heroin, Codeine, Morphine) ✔ [...]
What are the drug testing requirements for DOT-regulated employees who were furloughed or laid- off during the pandemic? Without a "negative" pre-employment drug test result, an employer may not permit a prospective or current employee to perform any DOT safety-sensitive functions. In many ways, you treat it the same way seasonal employers do. Federal Motor [...]
We are a small company. Do we really need a Consortium/Third Party Administrator (C/TPA)? Can we manage our company’s drug and alcohol testing program ourselves?
There are no rules or regulations stating that you cannot run your own DOT drug and alcohol testing program. However, there are so many regulatory requirements — such as a policy, a certified MRO, Reasonable-Suspicion training for supervisors, Post-Accident training, etc. — that it is often difficult for a small company to manage its own [...]
The company owner was selected for Random drug and alcohol testing. He only drives occasionally and says he does not need to go. Can I send an alternate?
No. Any employee who is available to drive must be in a Random testing program and must report for testing when selected. By regulation, an alternate cannot be substituted. If he does not report for testing when instructed to, this is a Refusal to Test and must be reported to the FMCSA Clearinghouse. He does [...]
Possibly, but probably not. The DOT regulations require MROs to be certified. Unless your doctor is a certified MRO, he or she may not act as a Medical Review Officer.
If a donor has a “shy bladder,” how long can s/he stay at the collection site to provide a urine specimen?
49 CFR Part 40 requires that a donor be allowed up to three hours after an initial failed attempt to produce a sufficient urine specimen. During this time, the donor may drink up to 40 ounces of fluid spread over the three hour period. For this reason, many collection sites have a cutoff time for [...]
If an employee is not able to provide enough urine during the collection process, and the employee must undergo a medical examination to determine if there is a legitimate medical explanation for the “shy bladder,” can the employer make arrangements for the employee to see an employer-designated physician?
Yes. When an employee is not able to produce a sufficient volume of urine for a drug test, the employer is required to direct the employee to obtain a medical evaluation from a licensed physician who is acceptable to the Medical Review Officer (MRO) and has expertise in the medical issues raised by the employee’s [...]