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What Contractors Need to Know about Drug Testing

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  • Who must be drug tested? – Any driver with a Class A or Class B license who operates a vehicle with a GVWR or GVCW of 26,001 lbs or more. This is a U.S. Dept or Transportation requirement.

  • Should non-CDL employees be drug tested? – Anyone who works in a safety-sensitive role must stay drug-free, especially since safety matters every single day. Moreover, employers must provide a safe workplace, not just because it’s right but because it’s required. Additionally, you should check with your workers comp insurance provider for more guidance.

  • Does it matter if we are Intrastate only? – From a DOT standpoint, no. However, confusion exists since intrastate-only vehicles may not need DOT registration. Nevertheless, if a driver operates a vehicle as described above, then they must enter a random drug testing program. Moreover, failing to enroll in such a program could lead to compliance violations. Therefore, it’s essential to follow DOT rules, even for intrastate operations.

  • What is a Consortium? – A consortium is a pool of drivers from different companies for the purpose of selecting random tests. Currently, the FMCSA requires 50% of all CD holders be randomly tested for drugs and 10% be tested for alcohol. A consortium facilitates random testing for smaller employers.

  • What happens in a DOT Audit? – It depends. If you follow all rules, then not much happens. However, if you don’t, you may write big checks. For example, one client with 13 drivers joined after cutting a DOT penalty down to $13,000. Therefore, always stay compliant. Otherwise, costly penalties may follow. Read about what a DOT auditor looks at here.

  • What about marijuana? – Legal marijuana creates many challenges for employers. For CDL holders and federally regulated roles, it’s strictly banned. However, for non-regulated staff, most states still let employers enforce a drug-free workplace and test for marijuana. Still, if you prefer to exclude marijuana from testing, we can absolutely make that adjustment.

  • What is the FMCSA Clearinghouse? – The Clearinghouse is a federal system that tracks CDL drivers’ drug and alcohol violations. In just two years, it logged over 100,000 violations. Employers must check the Clearinghouse before hiring and do yearly checks on current drivers. Failing to comply brings a penalty of $5,833 for each violation. Really.

Contractors Drug Testing

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