IT PAYS TO BE SAFE
No. 9, March, 2010
Random Drug and Alcohol Testing
Despite the government's efforts, the financial markets are unstable, manufacturing continues to decrease and jobs are being lost. At times like these, it is imperative truck drivers do everything in their power to ensure their employability. Truck drivers are in a unique position as the Federal Motor Carrier Safety Regulations dictate whether or not he or she is qualified to drive a commercial motor vehicle. One of the areas that drivers are subject to are the drug and alcohol testing requirements in §40 and §382 of the FMCSR.
The regulations dictate that a motor carrier conduct random drug and alcohol testing of its drivers and other personnel who perform safety-sensitive functions (for example, maintenance personnel). The random testing requirement applies to every driver who is under the authority of a particular motor carrier.
When it comes to conducting the test, the motor carrier must ensure that the tests are truly "random" and therefore the tests are unannounced. 49 CFR §382.305(k)(1). Once the employee is notified of their selection for drug and/or alcohol testing, the motor carrier is required to ensure that the test is completed timely, and that the person selected proceeds to the test site immediately. 49 CFR §382.305(l).
Obviously, the results of the tests will indicate whether a driver can be returned to service. Problems can arise, however, when the driver is unable to complete the tests. A failure to test, for whatever reason, is considered a refusal to test on the part of the driver, and as such is a violation of the regulations. Accordingly, 49 CFR §40.285 indicates that a driver that fails or refuses to submit to a random drug and/or alcohol test is immediately disqualified from driving.
If a driver "refuses" a random drug or alcohol test, they cannot be returned to duty until they have completed the SAP evaluation, referral and education treatment process, and pass a return-to-duty drug and alcohol test. The SAP evaluation includes a clinical assessment, education or treatment programs, and follow-up evaluations. If a driver is returned to duty, the USDOT will require the driver to submit to six random drug and alcohol tests in the first year. It is important to point out that the cost of the SAP evaluation and drug testing must be paid by the employee. In addition, many employers will require a driver submit to and pay for random tests well in excess of the six required by the USDOT.
Truck drivers do not make money unless they are able to drive. Failing or refusing to submit to a random drug and/or alcohol test obstructs that ability. If you are selected for a random drug and/or alcohol test, knowing your responsibilities and potential repercussions will ensure you will remain eligible to work.
