CDL drivers and potential drivers will be required to submit to drug and /or alcohol screening at any time in the pre-employment or employment process. DOT regulations prohibit drivers from refusing a drug or alcohol test. Currently, the only legally accepted method to satisfy Federal DOT drug testing requirements is through urinalysis (UA), though many companies are using hair follicle testing in addition to UA. This means that while trucking companies are required by the FMCSA to use UA to test for drugs, they are allowed to also use hair follicle testing as a more thorough screening method for their own internal purposes. Drivers will be tested for the presence of Schedule 1 narcotics and also prescription drugs. In some cases drivers will also undergo alcohol testing. When a drug is processed through the body, it produces metabolites Substances created as by-products of drugs during the metabolic processes (chemical reactions) in the body.which collect in the bloodstream and hair follicles.
Drug tests are used to detect the presence of these metabolites. Aside from the obvious safety issues surrounding CDL drivers who use drugs, drug abuse in the workplace puts employers at a greater risk for higher insurance rates, as well as liability issues when it results in accidents or injuries. Generally, a refusal to take a drug or alcohol test will be considered the same as a failure.
In some cases, inability to produce enough urine or hair to be properly tested will be considered a refusal. A failed DOT drug or alcohol test will become part of a drivers permanent record.
Drivers will be given ample opportunity to produce a sample, as detailed here. While there are generally accepted detection times, there are many factors that can impact urinalysis drug detection time frames, including:.
Amount of drug used: The higher the amount, the longer the detectable time period. Tolerance: Regular users may require higher dosages to achieve the desired effect. Length of regular use: The longer a drug is used, the longer the detectable time period. Hydration: Detection times will generally be lower for a well-hydrated body.
Body size: Presence of substances may be detectable longer in larger bodies. Metabolism Rate: The faster the metabolism, the faster a substance will pass through the system,. Body Fat: Substances may stay in the body longer in people with higher body fat percentages. Method Used: Drugs that are ingested in pill form may take longer to leave the system. Age: Generally, substances will not be flushed as quickly from the body the older it gets. Diet: Certain foods affect the metabolism of drugs through the liver. Urinalysis, in addition to testing for drug use, can be used as an indicator of overall health, to detect kidney and metabolic disorders, urinary tract infections, and blood sugar issues (diabetes).
Urinalysis is the most common method of drug-screening used, and is currently the only method accepted to satisfy Federally-mandated testing. Generally, urinalysis will test for drug use within a 2-10 day window, but the type of drug and frequency of use will cause the detection window to vary wildly. Steroid use can generally be detected anywhere from 14 days to 3 months, depending on the type and frequency of use.
Heavy marijuana use could be detected through urinalysis for up to 60 days. Passive exposure (second-hand smoke) will generally not give a positive test if exposure is limited. Samples collected in the morning are more desirable for testing, as they will be more concentrated and likely show more abnormalities. A complete urinalysis will be made up of 3 separate testing phases:. Visual Examination: The color, concentration, and clarity will be evaluated.
Chemical Examination: Normally, specially treated test strips will be dipped in the urine, and specially treated sections will change colors to give the technician results, either to determine the presence or absence of drugs, or to assess other general health issues. Microscopic Examination: Will not normally be performed as part of a drug test, except in the case of abnormal findings during the visual or chemical examination.
Marijuana Detection Times: No one can really tell how long a person may test positive for marijuana, as it depends both on the amount and frequency of use, and the metabolism rate of that particular individuals body. Usage 1 time only: 1-8 days. Usage 2-4 times per month: 11-18 days. Usage 2-4 times per week: 23-35 days. Usage Daily: 33-48 days. Extreme daily usage: 49-63 days.
Cocaine: Generally accepted time frames for benzoylecgonine (the metabolite of cocaine that is tested for) to show in UA are:. Casual or single dose users: 1-5 days. Regular or high dose users: up to 8 days. Heavy or chronic users: as long as 14-28 days, or longer.
Use of alcohol or caffeine alongside or after using cocaine will lengthen the amount of time it takes for Benzoylecgonine to be eliminated. Opiates: Common opiates include morphine, codeine, Methadone, Hydrocodone, and Oxycodone. Opiates and morphine derivatives will generally be detectable in urine for 1-12 days, depending on frequency of use and amount of dosage. Amphetamines and Methamphetamines: In general, amphetamines and methamphetamines have a detection period of 1-5 days in urine,. Phencyclidine – PCP, Angel Dust: PCP is stored in fatty lipid tissue, and can be released into the bloodstream for up to several weeks. General guidelines are 1-10 days for casual use, and 1-4 weeks for heavy or chronic users. All substances will remain in the hair follicle until hair is cut off.
Drug use can be detected through hair follicle testing after approximately 5-10 days, the average time that it will take for affected hair to grow past the scalp. Most hair follicle drug tests will test for a period of 90 to 120 days. As the average human hair grows about 1/2 inch per month, that would require about 1 1/2 inches of hair for testing. Hair on a person's head grows an average of 1/2-inch per month, and the average length of hair is 1 1/2-inches. TruckingTruth did not actually make those measurements, it's all science-y statistical stuff.
Therefore, the normal standard is for the trucking companies to use hair follicle testing to check back 90 days for the presence of metabolites indicating drug use. Hair is cut as close to the scalp as possible. The minimum amount of time tested is normally about 1 month (1/2 inch). The longer the hair, the farther back the test can trace drug activity. If the hair on the head is not long enough, body hair can be substituted. Body hair grows slower, and is normally replaced yearly, so it is more difficult to accurately represent a time frame.
Hair follicle testing has been shown to be more effective than urine analysis in detecting low-level drug use, as most drugs are rapidly excreted and undetectable with urinalysis within about 72 hours. Marijuana screening is known to be slightly less effective when using the hair test, but is accepted as a rough equivalent. Around 70-100 hairs are needed to perform testing on hair follicles, or roughly the diameter of a pencil. Excess hair that is not used for testing will normally be kept in the chain-of-custody container, for various periods of time, depending on the testing service provider, the employer, and a negative or positive result. Hair samples are washed thoroughly to remove external contamination (residue from smoke and other substances), and cut-off levels are established to help prevent positive results from passive inhalation (second-hand smoke). However, washing, shampooing, or treating the hair will not remove traces of drugs within the hair, nor will it cover them up. Alcohol is normally detectable with a breathalyzer for up to 12-24 hours.
Rule of thumb is that a body will typically burn an ounce of alcohol, i.e. One shot or one beer, per hour. A person's BAC is determined by factors such as body size and weight, metabolism rate, food intake, and type and amount of alcohol consumed. These times should be considered general guidelines rather than absolutes. Alcohol testing will normally be performed using a DOT-approved breathalyzer device (Evidential Breath Testing device, or EBT). A positive test for alcohol concentration of more than 0.02 in the system will be confirmed by waiting 15 minutes and re-testing. A confirmation test showing less than 0.02 BAC will require no further action, while a test at 0.02 BAC or more will be reported to the employer.
In some cases, a driver's blood alcohol concentration (BAC) may be checked by testing saliva, instead. A positive test of 0.02 will require that a driver be off-duty for at least 24 hours, and a level of 0.04 or greater will require a CDL holder to be placed out-of-service until completion of the return-to-duty process. Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds. Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver. Any vehicle required by federal regulations to be placarded while transporting hazardous materials. CSA: Compliance, Safety, Accountability (CSA) The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle FMCSA: Federal Motor Carrier Safety Administration The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries. What Does The FMCSA Do?. Commercial Drivers' Licenses. Data and Analysis.
Regulatory Compliance and Enforcement. Research and Technology. Safety Assistance. Support and Information Sharing DOT: Department Of Transportation A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard. State and Federal DOT Officers are responsible for commercial vehicle enforcement. 'The truck police' you could call them.
BMI: Body mass index (BMI) BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:. Underestimate body fat for older adults or other people with low muscle mass. Overestimate body fat for people who are very muscular and physically fit.
It's quite common, especially for men, to fall into the 'overweight' category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention. Fm: Dispatcher, Fleet Manager, Driver Manager The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners. HOS: Hours Of Service HOS refers to the logbook hours of service regulations.
OWI: Operating While Intoxicated Out-of-Service: When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.
Myth Busters: The Low Down on Common Myths About Drugs and Drug Testing There are lots of urban legends, myths, and misconceptions about drugs and drug testinglet’s get right to it and see which are true an which are not. If I eat a poppy seed bagel, is it possible that I will fail my drug test? There is a bit of truth to this myth. Poppy seeds are from the opiate family and when you eat them; your body does produce the same metabolite as someone who uses heroin or codeine.
But, the amount of the metabolite that is produced from a poppy seed or hundreds of poppy seeds is significantly lower than heroine. When drug testing first became required by the DOT in 1988, they had a cutoff level for opiates set at 300ng. That cutoff level did result in several false positive drug tests. Since then, the DOT has upped the cutoff level to 2000ng. In order to get that high of an opiate positive on a drug test, you’d need to eat a quarter cup of poppy seeds alone, which is not a normal consumption amount of poppy seeds. Also, hair testing will not ever result in a false positive for opiates.
If I’m at a party where people are smoking dope, will I test positive on my drug test? It’s not likely.
You will ingest THC, but the levels that will show up in your system are not likely to be over the threshold limits that the DOT sets or your company sets. The DOT limits for THC are rather forgiving, they are set at 50ng.
Many times, if your company’s threshold for THC is set at 50ng, an employee could even partake in smoking marijuana one time and still not be above that threshold. Additionally, people who don’t smoke on a habitual basis, the THC will be out of their system in a matter of days. Next time you have an employee tell you that they tested positive because of their roommate, you can sleep well at night knowing that this is not the case. It takes 30 days or longer for marijuana to leave your system. This has some truth to it.
This is only true with urine testing. Habitual marijuana users do store THC in their bodies longer and it can take 30 days of refraining from smoking (or longer) for them to get a negative drug test. However, if you have an employee who claims to have smoked very rarelyit should be out of their system within a week or two at the most.
One smoking event will be out of the donor’s urine within a couple of days. For saliva testing, THC will only last a couple days and sometimes just a few hours. Hair testing will only show up about 30% of the time, regardless of the amount of use. Additionally, marijuana will show up in hair for 90 days (as with all substances in hair testing) and generally will not show up for casual users. If you’re diabetic, you can test positive for your alcohol test even if you haven’t been drinking. If you are taking a breath alcohol machine that has been approved by the NHTSA, then this is completely false. Breath alcohol machines can decipher the difference between ethyl alcohol (from drinking alcohol) and isopropyl alcohol (from breaking down sugars in the body).
If you’re taking a urine alcohol test, the initial screen test on a diabetic may come up positive for alcohol, but when further testing is done for the conformation, the labs will look for sugars present in the urine to decipher if the alcohol is from ethyl or from sugars.Let us know if you have drug testing myths that you’d like to know the truth to. Submit your questions to If we use your question in future posts, we’ll send you something special!
Drug and Alcohol Testing FAQs What do my employees need to take with them to the testing facility? At a minimum, employees must bring a photo ID, such as a driver’s license, to the collection facility. However, if the employee fails to bring an acceptable photo ID to the collection site, the employee’s Designated Employer Representative (DER) can positively identify him or her over the telephone.
Though not required, employers may also want to provide the necessary Custody and Control Form (CCF) for their employee drug tests. What’s to keep an individual from substituting someone else’s urine for his in the drug urine collection process? Keep in mind that your drug testing program is primarily one of deterrence, although, it has a significant detection result. As a part of the collection process, there are several safeguards in place to help prevent a substitution from going undetected. The urine specimen must be within a specific temperature range (90° to 100° F).
If the urine collected is outside that temperature range, a directly observed collection is conducted to ensure that the urine comes directly from the donor’s body. Can an individual add something to his urine specimen that will hide his drug use and produce a negative test result? Many people believe they can get a negative test result by adulterating their urine specimen. However, such efforts to produce a negative test result are generally revealed in validity testing conducted by laboratories. Sometimes individuals using adulterants self-identify. We have had situations where an individual says that he couldn’t have a positive test result because he used a guaranteed adulterant. Drug and Alcohol Test Results FAQs I just received a canceled test result.
Do I have to send my driver for another test? If a second collection were required, it would have been indicated on the MRO verification statement. What was the reason for the canceled test? If it was a Random test, no recollection is required or allowed.
However, in the case of a Pre-Employment, Return-to-Duty or Follow-Up test, the driver must submit to a recollection. For these three test types, the regulations require that an employee has a negative result before performing safety-sensitive duties. Can I release an employee’s positive test information in an unemployment hearing? 49 CFR Part 40.323 allows you, as an employer, to release information pertaining to an employee’s drug or alcohol test without the employee’s consent in certain legal proceedings. These proceedings include a lawsuit, grievance or administrative proceeding (e.g., unemployment compensation hearing) brought by, or on behalf of, an employee and resulting from a positive DOT drug or alcohol test or a refusal to test (including, but not limited to, adulterated or substituted test results). I talked to my driver about his positive drug test result. He apologized and explained the situation.
He said that he was at a party and did something foolish. He promised me that he’s fine and it won’t happen again. I really don’t think he needs treatment. Can’t I just send him in for another test? Your driver violated the DOT drug and alcohol prohibitions, and he must complete the Return-to-Duty process.
DOT regulations do not differentiate between one-time and reoccurring substance abuse problems. If he wants to return to work as a driver, he must contact a Substance Abuse Professional (SAP) and complete the Return-to-Duty process — even if he will not continue in your employment. Whether or not the driver remains in your employ will be determined by your company’s drug and alcohol testing policy since terminations are not a regulatory issue. Small Companies and Owner-Operators FAQs I’m an owner-operator with no other drivers. Do I need a drug and alcohol testing program? Not only do the regulations require that you have a program, they specifically state that you must participate in a drug and alcohol testing consortium.
I am a small company. Why do I need a Consortium/Third Party Administrator when I can adequately manage my company’s Drug and Alcohol Testing Program? 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 own program. An effective Consortium/Third Party Administrator will also keep you informed of regulation changes and provide required reports. In our company, my husband is the only one who drives.
Does he really have to read the policy and sign the acknowledgement form? The regulations require that every driver receives a policy containing specific information. The regulations also require employers to maintain a receipt signed by the driver to verify that he has been told about the drug and alcohol program requirements. These rules apply to all employers, even owner-operators.
49 CFR Part 382.601. Is there any difference in the drug and alcohol testing requirements for small companies and those for companies with large fleets? The drug and alcohol testing regulations address and apply to motor carriers of all sizes equally, whether there is only one driver or many drivers. 49 CFR Part 382. Drug and Alcohol Testing Forms FAQs What is a Custody and Control Form? A Custody and Control Form, often called a CCF, is a five-part carbon copy form used to document the information pertaining to a drug test. How do I know what type of testing form I have?
To determine whether you have a Federal, Non-Federal or Forensic form, look at the identifier on the top of the form. For example, a Federal Form — the type of form used for all DOT testing – says “Federal Drug Testing Custody and Control Form.” A Non-Federal Form simply says “Custody and Control Form” with “Do Not Use this Form for DOT Collections” underneath. The name of the laboratory (Quest Diagnostics, LabCorp, Advanced Toxicology Network (ATN), MedTox, etc.) is found in the upper right corner.
Please send me Custody and Control Forms (CCFs) coded for XYZ Company. Can you also print my information on it? We can provide CCFs that are coded for a specific company. However, we do not print medical facility or collection site information on CCFs.
My driver is on the road, but doesn’t have a CCF. Can you please give me the name of a collection facility in XYZ city? If the driver has been selected for a Random test, you may want to wait for him or her to return to your area so that he or she can get a CCF. When a driver does not bring a CCF to the collection site, the chance of a glitch in the testing process is greatly increased. However, remember that your driver must complete the Random selection within the current testing period (quarter). Someone told me it’s illegal to change anything on a CCF.
Is that true? In fact, 49 CFR Part 40.45 specifically permits altering a CCF. Please call us at 800-253-5506, and we will fax you step-by-step instructions for altering a Federal CCF. Where can I get an Alcohol Testing Form (ATF) for employee alcohol tests? Collection sites keep the required Alcohol Testing Forms (ATFs) on hand, therefore, employees do not need to bring an ATF to a collection site. Employees should, however, bring Custody and Control Forms (CCFs) to collection sites for drug tests. Post-Accident Testing FAQs When is Post-Accident testing required under FMCSA?
Any fatality (except for the driver). Citation for moving violation and disabling damage to any involved vehicle. Citation for moving violation and medical treatment away from the scene. My driver was just in an accident.
Trek speed concept di2 manual download. The incident didn’t meet the DOT requirements, but I want to do a drug and alcohol test as a precaution. We strongly advise against performing any DOT Post-Accident drug or alcohol testing unless DOT criteria are met.
However, if your policy clearly states that you require Post-Accident drug and alcohol testing for any accident or incident, you would conduct the testing using a Non-Federal custody and control form and a Non-Federal alcohol testing form. One of my drivers was in a minor accident. There weren’t any injuries or citations, but the truck was towed. Do I need to send him for a Post-Accident test? If your driver is regulated by the Federal Motor Carrier Safety Administration (FMCSA), you do not need to send him for a Post-Accident test. In situations where there is disabling damage to a motor vehicle or bodily injury with immediate medical treatment away from the scene, the driver is subject to Post-Accident testing only if he receives a citation.
Post-Accident testing must always be conducted in the event of a human fatality. Employers with a general drug and alcohol policy that requires post-incident testing may conduct a non-Federal test. If an employer fails to conduct a FMCSA Post-Accident test within two hours what must be done? When required, Post-Accident tests must be conducted as soon as practicable. If a test is not administered within two hours, the employer must prepare and maintain a file stating the reasons why a test was not promptly conducted. The employer must also continue to attempt to administer a Post-Accident alcohol test for up to eight hours and the Post-Accident controlled substances test for up to 32 hours after an incident.
You must document the failure to conduct a Post-Accident test on your MIS report. If an FMCSA Post-Accident alcohol test is not completed within eight hours, what must be done?
After eight hours has passed, the employer should cease all attempts to complete the alcohol test. The employer must record the failure to test in the file that was created when the test was not completed at the two-hour mark. The failure must also be documented in the employer’s MIS report. My driver just told me he was in an accident on Friday night.
It’s now Monday morning. Do I need to send him for a Post-Accident test? Even if the accident meets the Federal Motor Carrier Safety Administration (FMCSA) definition of an accident requiring testing, it is too late. The FMCSRs state that drivers who have been in an accident requiring Post-Accident testing must be tested for controlled substance and alcohol use as soon as practicable following an incident. If an alcohol test is not administered within 8 hours following the accident, the employer shall cease all attempts to administer a test. Similarly, a substance abuse test must be administered within 32 hours of an accident.
May a blood alcohol test conducted by Federal, state, or local authorities be used by an employer for Post-Accident testing? If you are able to obtain a blood alcohol test result from the authorities, you may use it to satisfy your Post-Accident testing requirements.
Often, it is easier for employers to administer their own tests. May an employer use a blood drug test for a Post-Accident drug test result? FMCSA requires a urine test to detect the use of controlled substances. Random Testing FAQs I have 11 commercial drivers. How many Random tests must be done in a calendar year? If your drivers are in a separately managed pool of 11, you must do six Random drug tests and two Random alcohol tests to meet the minimum Random testing requirements of 50% for drugs and 10% for alcohol. However, if your drivers are in a consortium pool for Random selections, the group needs to meet the minimum testing requirements for drugs and alcohol.
All you need to do to be in compliance with your Random requirement is to send your employees in for testing when you receive a Random selection. How do I know when to send my drivers for Random testing? If you are a Foley client, you will receive written notification from our Random Administrators identifying the individuals to be tested, the testing they are to complete and the testing date. Although you are not required to complete the test on the specific date, you should try to schedule the test as close to the assigned date as possible. Once notified to go for a Random test, may the driver drive a CMV to the collection site?
The only time an individual is not allowed to drive himself or herself to the collection site is for Pre-Employment or Reasonable-Suspicion testing. We have a Saturday safety meeting coming up.
Since the drivers come to work just for the meeting, they won’t be doing any driving. Can I do Random drug and alcohol testing that day? You may conduct drug testing in conjunction with your Saturday meeting since drug use is prohibited at all times. However, you may not conduct alcohol testing since Random alcohol tests must be done just before, during or after a driver has performed safety-sensitive functions (e.g., drive). Wait until a regular work day to send the employee for a Random alcohol tests.
One of my drivers was selected for a Random test at the end of June. I just received another selection for him for July 10th. Is that possible? An employee can be randomly selected multiple times during a calendar year.
Employees have an equal chance of being selected in each selection period, regardless of prior selections. In this case, the driver was selected in two different selection periods. One of my employees has been selected three times, but the rest of my employees have never been chosen.
The employee feels like he is being unfairly targeted. What should I tell him? Explain to him that Random selections are derived from a computer-generated, unbiased selection process. As such, every employee in the testing pool has an equal chance of being selected during each selection period. Some employees are selected multiple times during the calendar year, while others may not be selected at all. One of my employees keeps getting Random selections. Can I send another employee to be tested instead?
The employee who was randomly selected must be tested, per the DOT. You cannot get an alternate selection or send another employee simply because an individual has been selected multiple times. Can I tell my driver on Friday afternoon that he has to go for a Random before work on Monday? You are not to provide any advanced notification of a Random selection. The key to Random testing is that the tests are unannounced.
My boss was selected for Random testing. He says he doesn’t need to go because he owns the company and only drives occasionally. Can I get another Random selection? If your boss is available to drive, he must be in a Random selection program and report for testing when selected.
By regulation, another selection cannot be substituted for your boss’s selection. One of my drivers just had surgery and is on pain medication. He doesn’t want to take his Random test because he’s afraid that he will have a positive test result.
Can we pick someone else this time? Is the individual driving now or is he out on worker’s comp or medical leave? If he is not presently working and available to perform safety-sensitive functions, he should not go for testing at this time. If the individual is driving, or available to drive, did the doctor who prescribed the medication know that he drives for a living?
(The doctor may decide he shouldn’t drive while on the pain medication or may be able to prescribe something different that won’t affect his driving.) Should the result come back positive, our MRO would cal7.8125em;l him and discuss the result and your driver would state that he is on prescribed medication. An individual taking a medication prescribed to him, in the manner it is prescribed, shouldn’t have anything to worry about. The guy you chose only works for me on weekends a couple of times a month. Do I really need to send him for testing? You do need to send him for his Random testing. Let us check whether your collection site offers weekend hours.
If not, we will try to find a collection site in your area that has hours that will fit with your employee’s work schedule. I think my driver may be using drugs. He’s a family friend so I don’t want to send him for a Reasonable-Suspicion test. Can I arrange for him to be randomly tested? If you have a reasonable suspicion that a DOT-regulated safety-sensitive employee is using drugs, you are required to send him for a Reasonable-Suspicion drug test.
Your determination to test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The supervisor making the Reasonable-Suspicion determination must be trained in reasonable suspicion. The regulation specifies 60 minutes of alcohol and 60 minutes of controlled substances Reasonable-Suspicion training. An individual cannot be “selected” for random testing at the request of an employer since this is not a scientifically valid method. Conducting a “random” test without documentation that shows how the individual was selected could put your company at risk for legal action. Follow-Up Testing FAQs What is the minimum number of Follow-Up tests required after a successful return-to-duty test? The Substance Abuse Professional (SAP) may request any number of Follow-Up tests in a Follow-Up plan.
However, there must be a minimum of six tests within the first 12 months of the employee’s return to safety-sensitive functions. FTA Testing FAQs My driver, who is regulated by the Federal Transit Administration (FTA), didn’t provide a urine specimen because the collection site asked him to sign its internal authorization form. Is that a refusal to submit? Foley has a written response from Jerry Powers, FTA Drug Manager, and he states that this does qualify as a refusal to submit. If the authorization merely informs the employee that USDOT drug testing is not subject to the same privacy generally experienced in the Health Insurance Portability and Accountability Act HIPAA) of 1996, the authorization would not constitute a consent, release, waiver of liability, or indemnification under 49 CFR Part 40.355. The failure of the employee to provide a urine sample or comply with the collection must be considered a refusal. Even if the authorization did violate 49 CFR Part 40.355, FTA would expect the employee to comply with the test.
An item of non-compliance on the part of the collection site is handled by FTA or the transit agency/TPA, not the employee. An authorization, such as the one in question, should not be used in U.S. Department of Transportation (DOT) testing. The testing form itself is the only authorization required.
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Non-DOT Testing and DOT-Regulated Employees FAQs I just received a verified positive non-Federal drug test result for my driver who is in the DOT testing program. What do I do now? Under 49 CFR Part 391.41(b)(12), the driver is to be removed from driving duties and is medically unqualified for the duration of the prohibited drug use. Before he or she can resume driving, the driver must be examined by a doctor chosen by the employer, who may determine that the driver needs to see a Substance Abuse Professional (SAP), complete a drug rehab program and/or have a negative drug test result. Once the doctor has determined that driver is drug free, the driver may return to safety-sensitive duties. Since this is a non-Federal drug test, the requirements of 49 CFR Parts 382 and 40 do not come into play. Substance Abuse Professionals FAQs Who is responsible for paying a Substance Abuse Professional (SAP) used in the return-to-duty process?
DOT regulations do not specify who is responsible for paying for SAP services. Who pays for such services may be determined by employers and employees and may be governed by existing management-labor agreements and could be covered by health care benefits. Many employers pass the costs associated with the return-to-duty process to the employee. However, an employer may choose to cover these costs. May a Substance Abuse Professional (SAP) who conducted the evaluation also perform treatment? As a general rule, the answer is “no.” There are, however, certain situations when it is acceptable for an SAP to evaluate and treat an individual going through the return-to-duty process. Medical Review Officers FAQs Can my personal doctor operate as my Medical Review Officer (MRO)?
It depends, but probably not. The DOT regulations require MROs to be certified. Unless your doctor is a certified MRO, he or she may not act as a Medical Review Officer.
Shy Bladder Situations FAQs How long can a donor stay at the collection site to provide a urine specimen? 49 CFR Part 40 requires that a donor be allowed up to three hours after an initial failed attempt to produce a sufficient urine specimen. During this time, the donor may drink up to 40 ounces of fluid. If an employee is not able to provide a sufficient volume of urine during the collection process, and the employee must undergo a medical examination to determine if there is a legitimate medical explanation for the “shy bladder,” can the employer make arrangements for the employee to see an employer-designated physician? When an employee is not able to produce a sufficient volume of urine for a drug test, the employer is required to direct the employee to obtain a medical evaluation from a licensed physician who is acceptable to the Medical Review Officer (MRO) and has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen. The employer can facilitate the medical evaluation by scheduling an appointment for the employee with a MRO-approved physician.
Non-DOT Drug Testing: What You Need to Know Posted By: / June 22, 2017 Substance abuse—whether it’s alcohol, illegal drugs, or even legally prescribed medications—poses huge risks to businesses of all sizes. If left unchecked, abuse can cost employers billions each year on everything from healthcare costs to lost productivity. If you think your company doesn’t need to drug test, just remember that the vast majority of drug-abusers are employed! A solid drug testing program helps weed out problems before the damage is done. What is a Non-DOT Drug Test? In the most basic terms, a Non-DOT drug test is a drug test given to a worker in an industry that is not regulated by the U.S. Department of Transportation (DOT).
There are two distinct worlds when it comes to drug testing. One realm applies to industries regulated by the DOT. If you fly a plane, drive a train or truck, or transport hazardous materials, you likely fall under the rules of the DOT when it comes to drug testing.
Otherwise, you are in a non-regulated industry. Testing done on employees in a non-regulated industry is referred to as Non-DOT drug testing. A Non-DOT drug test is essentially whatever the employer decides meets the company’s needs and is codified in their company drug testing policy. The timing is up to the employer, as well as the type of testing. They could choose to test urine, oral fluid, hair, or a combination of the three after taking into account applicable legal regulations and considerations. There are very few federal laws regarding Non-DOT drug testing, but there are state and local regulations, workers’ compensation, and unemployment laws that could have an effect on drug testing programs.
A majority of these rules are voluntary, but following them could earn companies benefits like discounts on workers’ compensation premiums. What does a Non-DOT Drug Test Consist Of? A non-DOT drug test can consist of a 5 drug panel or be expanded to a 10-panel. The 5-panel tests for marijuana, cocaine, opiates, amphetamines/methamphetamines, and phencyclidine (PCP). A 10-panel drug test would add barbiturates, benzodiazepines, methadone, methaqualone, and propoxyphene to the list. Non-DOT employers can also choose to test for hallucinogens, anabolic steroids, prescription painkillers and ecstasy.
What are the Types of Non-DOT Drug Tests? While the actual test is the same, different drug tests are defined by when the test takes place. Pre-Employment: Many companies now require all new hires to pass a drug test before starting work. It gives you the chance to keep habitual users out of your workforce. If an applicant is unable to stop using long enough to pass a test, you do not want them on your payroll. Random: These tests may be done monthly, quarterly, or even annually depending on the company’s needs. Names are generated randomly by a computer program.
This type of testing is a huge deterrent since employees never know when their name will be called. Post-Accident: These tests are usually done after accidents that cause a fatality or injury or could lead to a workers’ compensation claim. It is important for the employer to know if the person responsible for the accident was under the influence. It is essential to spell out the timing for these tests in your drug testing policy so the tests can be done before the drugs can clear the employee’s system. Failing to have a solid protocol could cause you to miss a positive test result. Reasonable Suspicion: If you are going to utilize this type of test, you need to have supervisors who are trained to spot suspicious behaviors.
They are only conducted if a company official can show reason to believe an employee might be under the influence. Return to Duty: If you allow an employee to return to work after having a positive drug test result, it is a good idea to test them once more to make sure they are no longer using. This test might also be appropriate when an employee returns to work after an accident to be sure they are not impaired by prescription painkillers. Follow-Up: If an employee is allowed to return to work after passing a Return to Duty drug test, you might also want to consider Follow-Up testing over the next year to be sure he or she does not start using again. This requires several unannounced screens for the employee. What is the Difference Between DOT and Non-DOT Drug Testing? A DOT drug test looks for five drugs.
This is referred to as a 5-panel screen: 1. Amphetamines/methamphetamines 5. PCP A DOT-approved chain-of-custody form is used during the collection process to ensure proper seizure, transfer, handling and analysis, and a split sample is collected before the specimens are forwarded to the laboratory for testing. A Medical Review Officer (MRO) reviews the results, and the results are reported to the designated reporting agency. A non-DOT drug test can be the same 5-panel screen, or it can be expanded into a 10-panel by testing for the above five drugs, plus: 6. Benzodiazepines 7.
Barbiturates 8. Propoxyphene 10: Quaaludes If desired, hallucinogens, anabolic steroids, prescription painkillers, and ecstasy can also be included in the non-DOT drug test. All of EBI’s drug tests are processed in SAMHSA Certified laboratories and all results are reviewed by an MRO to ensure the most accurate results. If a specimen is flagged because of a prescription drug, the MRO will contact the donor to see if they have a legal prescription for the drug.
If so, the test will be marked “negative” and there will be no repercussions. If they cannot prove they are using the drug legally, it will be considered a “positive” test and it will be up to the employer to follow the company disciplinary policy. Setting Your Drug Testing Policy The absolute first step for any drug testing is to have a written policy in place. This policy must spell out exactly who will be subject to the drug testing, when the tests will be performed, what types of testing will be utilized and what happens if an employee or applicant fails. A solid policy should have the following: Purpose Statement: This is an explanation of why the company does drug testing. That purpost could be to comply with federal or local laws, meet requirements for a customer, contract or insurance carrier, or simply to maintain safety and productivity in your workplace.
Dot Drug Test Results
Coverage: Most state drug testing laws require policies to say exactly who is covered. That means spelling out job applicants, full time and/or part time employees or just those in safety-sensitive roles. If you are going to test someone, their role needs to be listed. Prohibited Conduct: An employer needs to explicitly state that a positive drug test will be viewed as a violation of company policy. Other drug related activity such as possession, sale or use of drugs, as well as trying to cheat a drug test, should be listed as violations as well. What Tests and When: Outline all types of testing you plan to do—whether it is pre-employment, reasonable suspicion, post-accident, random, or a combination. Consequences: Be sure to speak with your legal counsel to devise this section because there are many state laws that can affect what kind of discipline you can use.
Current Dot Drug Test Levels
This might seem like a lot of work at the outset, but the flip side is legal liability. If you don’t have a clear, written policy you could be setting your company up for a myriad of lawsuits. Drug abuse causes a long list of headaches for employers of all sizes. Prince of egypt ost rar extractor. It can decrease productivity, lower employee morale and even put people in danger. A strong drug testing program can do many things for employers:. Create a safe workplace for employees and customers.
New Dot Drug Testing Levels
Keep people who use illegal drugs off the payroll. Deter current employees from using illegal drugs. Identify and offer help to those who are abusing drugs.
Comply with state or local laws. Get discounts on some Workers’ Comp premiums for more information on EBI’s drug testing programs and to request a personalized demo of our platform.
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