What is a Consortium / Third Party Administrator (C/TPA)?
A C/TPA is a service agent who coordinates a variety of drug and alcohol testing services for employers. These services can include random selections; preparation of annual Management Information System (MIS) reports; and coordinating urine collections, laboratory testing, MRO services, alcohol testing, and SAP evaluations. A C/TPA must ensure the services it provides comply with DOT regulations and that its service agents are qualified.
Who Needs DOT Compliant Services?
Trucks & Buses – Motor carriers regulated by Federal Motor Carrier Safety Administration (FMCSA). The safety sensitive duties covered include: Commercial Drivers License (CDL) holders who operate a Commercial Motor Vehicle. Covered employee: A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded.
Aviation Industry – Air Carriers or operators and certain contract air traffic control towers regulated by the Federal Aviation Administration (FAA). The safety sensitive duties covered include: A person who performs flight crewmember duties, flight attendant duties, flight instruction duties, aircraft dispatch duties, aircraft maintenance or preventive maintenance duties; ground security coordinator duties; aviation screening duties; and air traffic control duties. Note: Anyone who performs the above duties directly or by contract for a part 119 certificate holder authorized to operate under parts 121 and/or 135, air tour operators defined in 14 CFR part 91.147, and air traffic control facilities not operated by the Government are considered covered employees.
Railroad – Regulated by the Federal Railroad Administration (FRA). The safety sensitive duties covered include: Persons who perform duties subject to the Hours of Service laws; such as, locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators and train dispatchers.
Public Transportation - Regulated by the Federal Transit Administration (FTA). The safety sensitive duties covered include: Operators of revenue service vehicles, CDL-holding operators of non-revenue service vehicles, vehicle controllers, revenue service vehicle mechanics, and firearm-carrying security personnel.
Pipeline - Operators of pipeline facilities and contractors performing covered functions for the operator. Regulated by Pipeline and Hazardous Materials Safety Administration (PHMSA). The safety sensitive duties covered include: Persons who perform operations, maintenance, or emergency response function on a pipeline or LNG facility regulated under part 192, 193, or 195.
Maritime - Regulated by the United States Coast Guard (USCG). The safety sensitive duties covered include: Crewmembers operating US flagged vessels in commercial service, a person who is on board a vessel acting under the authority of a license, certificate of registry, or merchant mariner's document.
Do I need to have written policies that explain my program?
Yes. The DOT Agencies and USCG require employers covered under their regulations to have policies in place that fully explain their drug and alcohol program. Not only must you have policies, but you must also make them available to employees covered under your DOT program.
DOT Drug and Alcohol Testing Compliance Program
- DOT Drug & Alcohol Testing Program Written Policy
- Designated Employer Representative (DER) consultation and ongoing assistance
- Drug & Alcohol Testing
- Random Testing Consortium
- Employee Education Materials
- DOT Reasonable Suspicion Supervisor Training
- Substance Abuse Professional (SAP)
24/7 Availability for Post Accident, Reasonable Suspicion and Random Testing Events
What is 49 CFR Part 40 and how is it different from the DOT Agency and USCG regulations?
49 CFR Part 40, or ―Part 40‖ as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of what DOT agency-specific rule applies to an employer. For example, whether you are an airline covered by FAA rules or a trucking company covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT Agency-specific regulation spells out who is subject to testing, when and in what situations for a particular transportation industry.
What is a DER and what does a DER do?
The Designated Employer Representative (DER) is your key employee for many drug and alcohol program functions. The DER must be a company employee. DERs cannot be contractors or service agents. The only exception is when C/TPAs function as DERs for owner-operator truck drivers.
National Drug Screening specializes in offering compliant services for DOT drug and alcohol testing programs. Our services are about compliance with the regulations, not about the cheapest drug test. Offering fair pricing with an emphasis on compliance, DOT employers should give National Drug Screening a call for a free consultative session regarding their DOT drug and alcohol testing programs.
Act now to make sure your program will survive a DOT Audit or safety review – call National Drug Screening at 866-843-4545.