A3. Yes, the motor carrier is in violation because the driver was not tested in the selection period he/she was selected, as is required by 49 CFR 382.305(i)(3). However, the test will count towards the motor carrier meeting their minimum random testing requirements of 25% for DOT random controlled substance testing and 10% for DOT random alcohol testing. Please see 49 CFR 382.305(b)(1)(2).
CDL Drivers Must Be Tested in the Period in Which They Were Selected
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About the Author: Tim Thoelecke
Tim Thoelecke, C-SAPA, is the founder of InOut Labs.
InOut Labs is a nationwide provider of employee drug testing services, and your best choice for affordable, direct-to-consumer health tests. Tim Thoelecke is a one of an elite group of Certified Substance Abuse Program Administrators.
He is a graduate of Duke University, the Keller Graduate School of Business, the Goldman Sachs 10,000 Small Businesses program, and he founded InOut Labs to help employers and individuals take control of their health, culture and safety.
InOut Labs' websites:
www.inouotlabs.com (Drug Testing and DOT Compliance)
www.screeningwise.com (Background Screening)
www.drugtestingshop.com (E-commerce site for drug tests)
www.labtestshop.com (E-commerce site for medical tests).
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