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Here Are 2 Questions That Are Very Important For DOT Regulated Companies

01 Jul 2016

1.     ARE YOU COVERED BY DOT DRUG & ALCOHOL TESTING REGULATIONS?

2.     ARE YOU COMPLIANT WITH THOSE REGULATIONS?

Motor carriers that meet the criteria below are required to comply with FMCSA 49 CFR Part 382 – Controlled Substances and Alcohol Use and Testing. It is required when you or your employees hold a Commercial Driver's License (CDL), or similar license issued by Mexico or Canada, and operate a Commercial Motor Vehicle (CMV) in any state.

A CMV is defined as a vehicle that meets any of the following and does not fall under any exceptions in the regulations:

  • Has a gross vehicle weight rating  (GVWR) of 26,001 or more lbs., or
  • Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit, with a gross vehicle weight rating (GVWR) of more than 10,000 pounds or
  • is designed to carry 16 or more passengers (including the driver), or
    • 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 and is required to be placarded under the Hazardous Materials regulations (49 CFR part 172, subpart F). 

Not sure if you fall under the requirements for Drug and Alcohol Testing? Here is the link to a decision-tree to help you find out. It is available on the Department of Transportation website.

https://www.transportation.gov/odapc/am-i-covered.

If you do fall under the requirements of the DOT Drug & Alcohol Testing Program, you must comply with 49 CFR Part 40 and 382, in regards to drug and alcohol testing.

Top mistakes trucking companies and bus companies make with their FMCSA required drug and alcohol testing program

  1. The biggest mistake we see is relying on a local medical clinic for your drug testing. While these facilities may know how to collect your drug test specimens, they typically know NOTHING about compliance or your responsibilities as an employer within the regulations. And REMEMBER, per the regulations, the Employer is responsible!
  2. Random testing not conducted or not conducted properly.  Companies need to be in a random testing consortium or standalone pool in order to insure compliance with the random testing.  Make sure the company managing your random testing KNOWS the regulations…many don’t.
  3. Often small trucking companies and bus companies have no drug testing program at all resulting in fines and potential revocation of your operating authority. 
  4. Pre-employment tests not conducted – this is a violation that occurs over and over.  At National Drug Screening we can provide immediate service to get your pre-employment testing done fast and easy at a competitive price and locations across the nation.
  5. Using a driver who tested positive for drugs on a DOT-required test – this is a common serious violation and will cause fines and potential revocation of your operating authority.  After a positive test result or refusal to test, the employee or applicant must be removed from the safety sensitive position and be referred to a Substance Abuse Professional.

Note: Failure to comply with DOT Drug and Alcohol Program regulations Part 40 and 382 may negatively affect the safety of the public or your employees, may open your company up to unnecessary liability, and may results in violations and fines ranging from $250.00 per violation to $10,000.00. We can help. Call NDS at 866.843.4545.

At National Drug Screening our services include FREE & ongoing consultation for our trucking company and bus company clients.  Our drug screening compliance experts become your consultant for the FMCSA drug and alcohol testing program.  

National Drug Screening works with DOT regulated companies to help them get into and remain in COMPLIANCE with the DOT drug and alcohol regulations and testing program requirements.

Contact National Drug Screening today for a compliant program for your company.  Our process is fast, easy, and affordable.  National Drug Screening offers DOT FMCSA compliant services that include the following:

  1.       Random Testing Consortium or Company Specific Random Testing Management
  2.       Pre-Employment testing with collection locations nationwide
  3.       Policy and program development
  4.       Supervisor Training
  5.       Collector Training
  6.       DER (Designated Employer Representative) Training
  7.       DOT Audit Assistance and Support
  8.       Online Drug Testing Management System with MIS and Compliance reporting built in plus electronic delivery or results and online results and CCF Document storage.
  9.       Dedicated US based customer support team that answers your call!

**ASK ABOUT OUR DOT COMPLIANCE PACKAGE SPECIAL OFFER! **

It Includes:

  • Step by step instructions and all required documents – all in one great compliance manual.
  • As required - A policy statement on controlled substances use and alcohol misuse in the workplace – your customized DOT Drug & Alcohol Testing Policy
  • As required – educational materials to be distributed to all covered employees
  • As required – supervisor training materials and access to live or on line additional supervisor training
  • As required – employee assistance programs, rehabilitation, and treatment programs information.
  • As required – access to Substance Abuse Professional (SAP) for DOT violations
  • As required - copies of DOT regulation 49 CFR Part 40 and FMCSA regulation 49 CFR Part 382
  • As required - A controlled substances and alcohol testing program for persons, used in duties requiring the driving of CMV’s.
  • Random testing instructions required random testing.
  • All required forms for compliance.
  • Instructions for required record keeping.

 

THE CONSEQUENCES OF FAILURE TO COMPLY:  Penalties are assessed administratively by the FMCSA for violations of parts 382 and 40 and administrative orders may be issued to bring about satisfactory compliance. Criminal penalties are also authorized to be sought in U.S. District Court under certain circumstances. This may also negatively affect the safety of the public or your employees, it may open your company up to unnecessary liability, and it may result in violations and fines ranging from $250.00 per violation to $10,000.00.

National Drug Screening can help. Call your support and compliance team at 866.843.4545.