Professional Documents
Culture Documents
AND ALCOHOL
PROGRAM:
What You Need to Know
motor vehicles (CMVs) could inflict on the general public. Those companies that
have experienced this can tell you firsthand about the potential aftermath: lawsuit,
DOT crash investigation, fines and penalties, and the publicity nightmare.
With so much at stake, it is vital that your company detect and deter drug abuse
and alcohol misuse in its commercial drivers. A well-managed DOT drug and
When setting up your USDOT drug and alcohol testing program, it is important to
APPLICABILITY
You must look at the following parts in 49 CFR (Code of Federal Regulations) in
PART 40: The U.S. Department of Transportation compiled testing and return-
to-duty procedures for all modes (i.e., highway, rail, maritime, air, pipeline,
transit) in Part 40. Part 40 applies to employers, collection sites, labs, medical
performing and processing drug and alcohol tests and returning a covered
PART 382: Each agency under the DOT umbrella has mode-specific
regulations on how to carry out testing. For example, the highway mode —
(FMCSA) — uses Part 382 to explain who is covered by the regulation, reasons
following criteria:
required to be placarded.
driver and motor carrier operating a CDL vehicle is subject to Part 382.
PROGRAM?
Yes, your company must include anyone operating a CDL CMV under your
authority in its testing program. This includes part-time, occasional, seasonal, and
who are not drivers for HR purposes, but occasionally operate a CDL CMV — are
subject to DOT testing rules. Examples might include mechanics and managers.
Not necessarily. A driver who holds a CDL, but is never called upon to operate a
CDL CMV, does not qualify. Your employee should not be placed in your DOT
testing program based on licensing alone. However, if this individual may be called
upon to be a fill-in driver, you should include him or her on your driver roster and in
Part-time,
your DOT testing program. occasional,
seasonal, and
intermittent drivers
WHAT IS A SAFETY-SENSITIVE FUNCTION?
A safety-sensitive function includes all time from the time a driver begins to work
are all subject to
or is required to be in readiness to work until the time he or she is relieved from
work and all responsibility for performing work. Safety-sensitive functions include: DOT testing.
Waiting to be dispatched;
medical history and has advised the driver that the drug will not adversely
greater but less than 0.04 may not perform, nor be permitted to perform,
alcohol testing violation and does not require the return-to-duty process.
WHAT IS A REFUSAL TO TEST?
When notified of a drug and/or alcohol test, certain actions on the part
medical explanation;
RULES?
test result.
done,
Record of the violation under Part 382 is reported to the CDL Drug and
When you have actual knowledge that one of your CDL Drivers who fail
drivers violated DOT testing rules, you must treat this
or refuse a drug
as you would a positive result.
or alcohol test
When you have actual knowledge that one of your CDL drivers violated DOT must be
testing rules, you must treat this as you would a positive result. You must
removed from
safety-sensitive
remove the driver from a safety-sensitive function until there is
documentation that the driver has completed the necessary steps of the
return-to-duty process. You, the employer, must report the actual functions.
knowledge to the CDL Drug and Alcohol Clearinghouse by the close of the
third business day following the date on which they learn of the violation.
STAFF TRAINING
DOES PART 382 REQUIRE DRIVER TRAINING?
information must be issued to the driver prior to testing. You must obtain a
signed receipt from the driver to acknowledge that he or she received the
materials.
2. The categories of drivers who are subject to the provisions of Part 382;
those drivers to make clear what period of the workday the driver is
7. The requirement that a driver submit to alcohol and drug tests administered in
9. The consequences for drivers found to have violated testing rules (Subpart B to Part
382), including the requirement that the driver be removed immediately from safety-
10. The consequences for drivers found to have an alcohol concentration of 0.02 or
The effects of alcohol and drug use on an individual’s health, work, and personal
life;
and
referral to management.
12. Information collected and maintained under Part 382 reported to the CDL Drug
§
An employer’s report of actual knowledge, as defined in 382.107:
to-duty process;
DOT protocols in order to request the test type and document the
PROGRAM MANAGEMENT
WHAT IS A DER?
In most instances, your DER learns of negative or canceled tests. But the
DER has been given authority by your company — in the event of a testing
handle the return-to-duty process steps. The DER may also be instructed
or she has been unsuccessful. These duties are all found in Part 40
WHAT RECORDS DOES THE MOTOR CARRIER RETAIN AND FOR HOW
LONG?
employer must retain the results of the limited and annual queries for three
years. A driver's consent for a limited query is also kept for three years.
CONCLUSION
program must know their roles; the safety regulations; and company-
specific policies. If someone does not know the requirements or lets testing
slide, you have a greater risk of an impaired driver. A risk that is best not
taken.
trucking companies.
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