Converting From an Owner Operator to Employer

As an Owner Operator to Employer, your DOT FMCSA requirements change when you hire employees. Understanding these changes is crucial to maintaining compliance.

1) Written Drug & Alcohol Testing Policy

When transitioning from Owner Operator to Employer, you must implement a written substance abuse policy. FMCSA regulation Part 382 requires employers to have a documented policy distributed to each driver. 362.601 – Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. You may order an FMCSA Drug & Alcohol Policy here. Clients of InOut Labs get a discount, so be sure to ask.

2) Employee Education

FMCSA regulation Part 382 specifically requires that each employer shall provide educational materials that explain the requirements of this part and the employer’s policies and procedures with respect to meeting these requirements. And get a signed receipt. (382.601(a)).

3) Supervisor Training

Owner Operators do not really need to have a written substance abuse policy. Employers do. FMCSA regulation Part 382 specifically requires each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. (382.603 Training for supervisors) See here for an affordable web-based option.

4) FMCSA Drug and Alcohol Clearinghouse

As an Owner Operator, we take care of most of your Clearinghouse requirements as part of your agreement with us. As an Employer, you have more requirements. We are happy to tell you how to do it yourself, or, optionally, you can hire is to do it. Read more.

5) Consortium Fees

Owner Operators pay us an all-inclusive fee that includes random selections, random drug and alcohol tests and Clearinghouse support. Employers pay a smaller annual fee and pay for tests as they occur. Clearinghouse support is offered as an option for a fee.

If you are an InOut Labs Owner Operator client, we are happy to walk you through this.

By Tim Thoelecke|July 14th, 2022|DOT Compliance, DOT Drug Testing|Comments Off

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). InOut Labs is BBB Accredited with an A+ Rating.