When a CDL Fails a Drug Test, He Is Prohibited From Doing More Than You Think

Simply put, when a CDL driver fails a drug test, the employer must immediately remove the driver from safety-sensitive functions, such as driving CMVs. The driver must complete the return-to-duty process with a DOT-qualified substance abuse professional. Additionally, the driver must pass a negative Return-to-Duty drug and/or alcohol test, as required by the FMCSA.

But what does this actually mean?

Well, let’s discuss the terms in detail to better understand the implications. There are a few key words here that we need to pay attention to – CDL driver, safety-sensitive functions (CMVs), DOT drug test, RTD process.

CDL Licenses and DOT Drug Testing Requirements

Under FMCSA, there are several classes of CDL licenses.

A Class A or Class B license allows a driver to operate a vehicle that meets these criteria. If a driver operates (or is available to operate) one of these, then s/he must be in a drug testing program.

Other classes of CDL allow a driver to drive a vehicle rated for 10,001 lbs or more. They must meet all of the DOT requirements, but are not subject to DOT drug testing.

What they drive (not the class of CDL), determines whether they are subject to drug testing.

Interestingly, if a CDL driver who is subject to drug testing fails or refuses a drug or alcohol test, s/he is not only disqualified from performing safety sensitive work for these vehicles, but also from operating any vehicles that require any class of CDL. Effectively, his CDL is suspended until the driver completes the RTD process.

What Are Safety-Sensitive Functions?

FMCSA defines safety sensitive work as:

Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:

(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;

(2) All time inspecting equipment as required by §§ 392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All time spent at the driving controls of a commercial motor vehicle in operation;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of § 393.76 of this subchapter);

(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

Definition of CMV

A CMV (Commercial Motor Vehicle) includes vehicles that do not require their drivers to drug test. Drug testing is required for 26,001+ lbs or more. But a CMV is defined as 10,001 lbs or more.

Here is the exact definition of a CMV:

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle

(1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or

(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or

(3) Is designed to transport 16 or more passengers, including the driver; or

(4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

DOT Drug Testing

A failed DOT drug or alcohol test has meaningful implications for both the driver and the employer. In short, DOT drug testing is serious business. Here are some cases when the DOT drug testing is mandatory:

After a failed (or refused) drug  or alcohol test, getting back to work as a CDL driver is a challenging and time-consuming process.

Return to Duty Process after a Failed DOT Drug Test

Drivers with drug or alcohol violations must complete the DOT return-to-duty process before returning to safety-sensitive duties. Here are the Return-to-duty program steps (49 CFR Part 40 Subpart O):

  • The driver must stop driving immediately.
  • The employer refers the driver to a Substance Abuse Professional (SAP).
  • The SAP evaluates the driver and prescribes a course of treatment or education.
  • After evaluation, the driver must pass a “return-to-duty” drug and/or alcohol test to resume safety-sensitive work. The test is directly observed to prevent cheating.
  • Once the driver returns to work, they are subject to ongoing follow-up testing. These tests are directed by the employer, performed without notice, and directly observed. The driver must pass at least six follow-up tests within a year. Follow-up testing can last up to five years.
  • If the driver fails any follow-up tests, the return-to-duty process must start over.
  • The regulations do not specify who pays for treatment and follow-up testing. Many employers make the offending employee responsible for the cost.

Failed Drug Tests and FMCSA Drug and Alcohol Clearinghouse

The Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse aims to remove commercial drivers who have tested positive for drugs or alcohol from public roads. That is why failed drug tests and refusals to test are added to the driver’s record in the Clearinghouse database. Resolved violations remain on the record for five years.

Employers must query the Clearinghouse database before new hires can perform safety-sensitive work. They must also query it regularly during employment. This helps employers determine if a driver has been prohibited from driving due to failing or refusing a DOT drug or alcohol test. It is important to note that positive or refused drug or alcohol tests from agencies other than FMCSA are not reported to the Clearinghouse.

Final Words

Violations of drug or alcohol regulations come with severe consequences. As mentioned earlier, these consequences can be more serious than you might think. Therefore, do not take them lightly under any circumstances.

Drivers should be motivated to pass DOT drug tests. They should be aware of the potential consequences of failing such tests. Failing a drug test may result in a career pause for several months or even years.

Ensure compliance with DOT drug and alcohol testing requirements. A reliable and trustworthy company, like InOut Labs, can help you develop an FMCSA and DOT-compliant drug testing program. The program should be based on six key requirements: written policy, supervisor training, employee assistance, employee education, testing, and FMCSA Clearinghouse.