Sauk Rapids Minnesota 800-656-1396
http://www.midwestcompliance.com/
Now that I have your attention, let’s talk about the required testing rules as well as the “common sense” approach to drug and alcohol testing.
All persons who operate a commercial motor vehicle (CMV) or combination of motor vehicles with a gross combination weight rating of 26,001 pounds or more, used in intra- or interstate commerce to transport passengers or property, are subject to Part 382 of the Federal Motor Carrier Safety Regulations. This includes owner/operators who own the truck and are the only driver.
Part 382 covers controlled substances and alcohol use and testing. The required controlled substance tests are: pre-employment, post accident, random, reasonable suspicion, return-to-duty and follow-up testing. The required alcohol tests include all of the above except pre-employment testing.
In this article we’re focusing on pre-employment testing and setting up a random drug testing program. We’ll look at the rest next month.
Before you can use a driver in a safety-sensitive function, you must receive a verified negative, pre-employment drug test. A “safety- sensitive function” isn’t just driving time. According to the feds, a safety-sensitive function means all time from the time a driver begins to work, or is required to be in readiness to work, until the time the driver is relieved from work, and all responsibility for performing work. “All time” includes time spent waiting to be dispatched, inspecting, servicing, or conditioning any CMV; driving time, or any time in or upon any CMV – except time spent resting in a sleeper berth; all time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, or attending a vehicle being loaded or unloaded; remaining in readiness to operate the vehicle or giving or receiving receipts for shipments loaded or unloaded; and all time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
So, yes, you must pre-employment test a driver before you can use the driver in this capacity; however, have you ever thought about the economics of pre-employment testing?
Let’s say you are having a conversation with “Joe Schmo,” who wants to drive for you. Some of you may be inclined to tell him, “Go take a drug test, if you pass it you can drive…” and never take the time to investigate this driver until after you’ve hired him. We all know too well some of the nightmares we’ve hired in the past. Not to mention if “Joe” doesn’t work out, you still have to pay for the drug test!
With the new background check rules effective October 29, you must ask “Joe” to complete an application, and sign the releases which allow you to conduct a thorough background investigation. This way, you’ll have information on his driving record, what his previous employers thought of him, whether or not he’s ever tested positive for controlled substances, and how many accidents he’s had. Once you gather the data, if you like what you see you can offer “Joe” a job, contingent upon passing a pre-employment drug test, thus spending your drug testing dollars more wisely. Because you’ve checked “Joe” out, he’s likely to be someone who will stay with you longer, and cause fewer problems” down the road.”
In some instances the actual pre-employment drug test may not be necessary. If “Joe” tells you that he has participated in a controlled substances testing program within the previous 30 days; and he either tested negative within the past six months, (from the day he is applying with you), or he has been in the random testing program for the previous 12 months, and you can verify that none of his prior employers have knowledge or records that “Joe” has every violated the regulations, you may skip the actual drug test.
In order to use this option and skip the test, you must contact the testing program and obtain the following information in writing:
- Name and address of the program.
- Written verification that “Joe” participates or participated in the program.
- Written verification that the program conforms to Part 40.
- Written verification that “Joe” is qualified under the regulation, and has not refused to be tested.
- The date “Joe” was last tested, and
- The results of any tests taken within the prior six months.
This information must be available if you undergo a compliance review.
Now that you have hired “Joe,” you must enroll him in a random drug and alcohol testing program. There are a couple of ways to do this. You can contact a Consortium/Third Party Administrator, (C/TPA) – like us! Or if you have enough drivers to make it worth your while, you can purchase a program that has the capability of randomly selecting the correct percentages for drug and alcohol tests on a yearly basis. Remember these programs must have the capability to select drivers in a scientifically, valid method, which prohibits any tampering or altering. Usually, with smaller groups, it is easier to hire an outside source, and place your drivers into a larger random testing pool of drivers covered under this regulation.
Beware, when outsourcing your drug testing program, it is YOUR responsibility to make certain that your C/TPA is testing at the appropriate percentage, (i.e. 50% Drugs, 10% Alcohol). There are several rules you should follow:
- All random tests must be unannounced. In other words, once you tell “Joe” that he has been selected for either a random drug or alcohol test, he must go to the test site immediately.
- If the random test is for alcohol, you are somewhat restricted as to when you can notify “Joe.” He must either be performing, just finished performing, or just about to perform one of those “safety-sensitive” functions we talked about earlier.
- Even though, as a part of a larger pool, you more than likely do not have control over how often, or when the random selections are made, please remember, as an employer YOU are still responsible for insuring that your C/TPA spreads their selections reasonably throughout the calendar year.
The policy should meet all of the requirements found in the Federal Motor Carrier Safety Regulations. In addition to having a company drug and alcohol policy, remember before you send “Joe” in for that pre-employment drug test, that he should read your policy and sign an acknowledgement form, which states that he was made aware of your policy. When you hire “Joe”, the acknowledgement form may be placed in his driver qualification file.
Next month we’ll cover more on the random testing process, including retention of results, what to do about diluted, positive, altered tests, refusal to test, fatal flaws, etc. We will also try to cover the rest of the drug and alcohol testing requirements. Until then, take it one load at a time!
Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396
