Do You Have Signed Receipt From Every Driver?

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: Wondering [...]

Do Returning Furloughed DOT Employees Need a Pre-Employment Drug Test?

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 [...]

By |May 29th, 2020||Comments Off on 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?

Who is responsible for paying a Substance Abuse Professional (SAP) used in the Return-to-Duty process?

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.

By |May 29th, 2020||Comments Off on Who is responsible for paying a Substance Abuse Professional (SAP) used in the Return-to-Duty process?

What is the minimum number of Follow-Up tests required after a successful Return-to-Duty test?

As part of the Return To Duty Process, the Substance Abuse Professional (SAP) requires provides Follow-Up testing plan which may last up to 5 years. At a minimum, there must be at least six tests within the first 12 months of the employee’s return to safety-sensitive functions. All DOT Follow Up tests are directly observed.

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What do I do with positive non-Federal drug test result for my CDL driver?

Failure of a non-federal drug test is not the same as failing a federal drug test. It also does not constitute Actual Knowledge. But a positive non-DOT drug test does make the driver medically unqualified to perform safety sensitive duties. Under 49 CFR Part 391.41(b)(12), the driver is to be removed from driving duties and [...]

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As an Owner-Operator, what are my requirements under DOT?

You must be enrolled in a DOT FMCSA drug and alcohol testing consortium and must have a negative pre-employment drug test. Requirements for supervisor training are for companies where the owner is not the sole driver. Owner Operators are required to register in the FMCSA Clearinghouse. AND to select a C/TPA. If you fail or [...]

By |May 29th, 2020||Comments Off on As an Owner-Operator, what are my requirements under DOT?

My husband is the only one who drives. Does he really have to read the policy and sign the acknowledgement form?

The regulations require that every driver receive a policy meeting specific requirements. The regulations also require that employers obtain a receipt signed by the driver to verify that he has received the drug and alcohol program requirements. These rules apply to all employers, even owner-operators. [49 CFR Part 382.601].

By |May 29th, 2020||Comments Off on My husband is the only one who drives. Does he really have to read the policy and sign the acknowledgement form?