It is not uncommon for people to try to defeat a drug test, either by substitution or adulteration. Substitution simply means they smuggle in someone else's urine, or synthetic urine. Adulteration means they add an adulterant to their specimen which can make it invalid. To prevent this from occurring, sometimes an observer accompanies the [...]
Q3. Random Testing Selection Period: A driver was selected in the first quarter but tested on April 4. Did the motor carrier violate the rule by not testing the driver within the selection period, which runs from January 1 to March 31? Also, does the test count toward the first quarter or second quarter? [...]
Question 1: If a driver refuses to sign a statement certifying receipt of the educational materials required in §382.601 from the employer, is the driver in violation of §382.601? Can the driver’s supervisor sign the certificate of receipt to indicate the refusal? Guidance: Wondering whether you need a signed receipt from each driver? Well, [...]
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 [...]
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 [...]
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 [...]
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.
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 [...]
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 [...]
You must enroll in a DOT FMCSA drug and alcohol testing consortium. You also need a negative pre-employment drug test. Companies with multiple drivers must provide supervisor training. If you are the sole driver, this requirement does not apply. Owner-Operators must register in the FMCSA Clearinghouse and select a C/TPA. If you fail or [...]
