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 [...]
If you are wondering whether your personal doctor can also serve as your MRO, the short answer is "possibly, but probably not." DOT regulations require MROs to obtain certification. Most personal doctors do not have this certification. A doctor must complete specialized training and pass an exam to become a certified MRO. Without this [...]
DOT regulations do not address who is responsible for paying for SAP services. The employers substance abuse policy may (should)( provide guidance for determining who pays. Many employers pass the costs associated with the Return-to-Duty process to the employee. And some employers choose to cover these costs. Here at InOut Labs, we provide drug [...]
Failure of a non-federal drug test does not carry the same consequences as failing a federal drug test. It also does not qualify as Actual Knowledge under DOT regulations. However, when a CDL driver fails a non-DOT drug test, they become medically unqualified to perform safety-sensitive duties. Under 49 CFR Part 391.41(b)(12), the employer must [...]
As part of the Return-To-Duty process, the Substance Abuse Professional (SAP) creates and provides a Follow-Up testing plan. This plan may extend up to 5 years, depending on the employee's situation. The SAP requires a minimum of six tests within the first 12 months after the employee returns to safety-sensitive duties. DOT regulations mandate [...]
If you reasonably suspect that a DOT-regulated safety-sensitive employee uses drugs, you must send the employee for a Reasonable Suspicion drug test. You must base your decision to test on specific, contemporaneous, and articulable observations. These observations may include the employee’s appearance, behavior, speech, or body odors. A trained supervisor must make the Reasonable [...]
This situation can be complicated. If the employee is not currently working and available to perform safety-sensitive functions, he should not go for testing at this time. Document the reason and select an alternate. If the individual is driving or available to drive, did the prescribing physician know that he drives for a living? [...]
If you're wondering whether you can tell the driver on Friday afternoon that he has to go for a Random drug test before work on Monday, the short answer is: No. You cannot provide any advanced notification of a Random selection. The key to Random testing is that the tests remain unannounced. Here at [...]
No. The employee who was randomly selected for random drug tests must be tested. You cannot get an alternate selection or send another employee simply because an individual has been selected multiple times. The DOT regulations require it and the integrity of your random drug testing program depends on it. Here at InOut Labs, [...]
Why are some people randomly tested more than once?"Am I being singled out? I just did a random last month? Mike never gets tested. I don’t think this thing is random at all!”Those are not uncommon concerns among some safety-sensitive employees, and many employers have been challenged in court to demonstrate that their programs [...]
