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At Blue Scorpion Carrier Services if you are a large company, an individual owner-operator, or somewhere in between, we can help you with all the mandatory drug programs. Let us help you stay in compliance. 

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If you own a trucking company, the Department of Transportation (DOT) requires you to have drug and alcohol testing guidelines for your employee-CDL/Drivers. It can be confusing to know how to stay compliant, but these tips will help you follow the drug and alcohol procedures of the DOT 49 CFR Part 40.

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The Federal Motor Carrier Safety Administration (FMCSA), along with the Department of Transportation (DOT), requires that persons subject to the commercial driver’s license (CDL) requirements and their employers / independent drivers follow alcohol and drug testing rules. These rules include procedures for testing, frequency of tests, and substances tested for.

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Who's Impacted?

• Anyone employing CDL drivers to operate commercial motor vehicles (CMVs) on public roads

• CDL drivers who operate CMVs on public roads

• Interstate motor carriers

• Intrastate motor carriers

• Federal, State, and local governments

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HAVE A DRUG AND ALCOHOL POLICY

First, make sure your trucking company has a written policy on drug and alcohol use in the workplace. Give it to every employee-CDL/Driver and have them sign a statement confirming their understanding.

Your policy should include a drug and alcohol testing program requiring all employee-CDL/Drivers in “safety-sensitive” positions to be tested. This means CDL truck drivers must be drug and alcohol tested no matter their status. If you’re the company owner and drive for your company, you’re also required to be tested.

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TESTING GUIDELINES

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What: The DOT requires drivers to be tested for marijuana, cocaine, opiates, amphetamines and methamphetamines, phencyclidine (PCP), and alcohol concentrations of 0.02 and greater. To find a list of certified laboratories that process drug and alcohol testing, check out the Department of Health and Human Services’ monthly list of certified laboratories here.

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When: Drivers should be tested before they’re hired, after they’ve been involved in an accident or if you suspect they’re under the influence of drugs or alcohol. If a driver has returned to duty after a prior positive drug test, refusal to test, or alcohol violation, he or she should be tested again. Testing should be completed at least quarterly and without advance warning. To remain random, try spreading out testing throughout the year and stagger the time of day. This avoids employee-CDL/Drivers expecting testing at certain times.

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Who: You should randomly select drivers for testing by using a scientifically valid method. Don’t select drivers for testing by pulling his/ her name from a hat or rolling dice. Instead, use a method such as a computer-based random number generator. If you pick an employee-CDL/Driver who is on vacation or sick, document that absence and select an additional employee-CDL/Driver for testing. Test the absent employee-CDL/Driver once he or she is back in the office.

 

DOCUMENT THE PROGRAM

For compliance, keep records of your drug and alcohol testing program including employee-CDL/Drivers that have been tested, dates and times of notification, dates and times of testing, and reasons if employee-CDL/Drivers weren’t tested. If you’re not sure whether or not to record something, document it anyway. For sample testing forms, click here.

You should always record:

• Test Results

• Testing Processes

• Return-to-Duty Process

• Employee-CDL/Driver Training

• Supervisor Training: If your company has supervisors, they should go through DOT Supervisor Training.

Store all records in locked file cabinets with limited access. You can also keep electronic records, but the DOT requires some records to be physical paper records. If you have electronic records, make sure they’re password protected.

 

Resources for Drivers*

While it is the responsibility of your employer/carrier to provide you with information on drug and alcohol testing programs, it is still ultimately your responsibility to obey all rules and regulations in order to keep our roadways safe. Drivers of CMVs can learn about drug and alcohol rules, types of tests required, and their rights, responsibilities, and requirements here.

 

Resources for Employers/Carriers*

As an employer/carrier, you have a responsibility to implement and conduct drug and alcohol testing programs. Learn about drug and alcohol rules and how they affect your business here.

 

*An employer/carrier who employs himself/herself as a driver must comply with requirements of 49 CFR Part 382 that apply to both employers and drivers.

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All persons designated to supervise drivers of commercial motor vehicles that require a commercial driver's license can find information and resources here on who is required to take Drug and Alcohol Supervisor Training.

 

What Tests are Used for DOT Testing?

The DOT uses urine collection and testing exclusively for drug testing. Alcohol may be tested for using breath and saliva. All three testing methods used by the DOT are non-intrusive.

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When are DOT Tests Conducted?

There are several situations when DOT CDL drivers may be subject to drug testing.

The most common situations include: 

• Pre-employment Screening 

• Reasonable Suspicion

• Random Tests

• Post-Accident

• Return-to-Duty Testing

• Follow-Up Tests

All new hires for safety-sensitive positions must successfully complete a DOT drug screening. Alcohol testing is optional at the discretion of the employer. Before a new hire can begin performing any safety-sensitive functions, the employer needs to have a negative drug test result on file. 

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If a supervisor suspects that a CDL driver is under the influence of drugs or alcohol, they may request a drug test. Tests will not be granted based on a hunch. The supervisor’s suspicion must be based on observed behavior that is typically associated with the influence of alcohol or drugs. Such behavior may include slurred speech or the scent or appearance of alcohol.

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Random drug and alcohol tests may be conducted at any time; however, employers/carriers cannot subject an employee-CDL driver to a random drug test simply because they want to. The administration of random testing must be truly random, and each employee-CDL/ driver must have an equal chance of being selected.

 

 

HOW LONG SHOULD YOU KEEP RECORDS

• 1 Year: Any negative drug test results or alcohol test results in less than 0.02

  • 2 Years: Alcohol and drug collection process records

  • 3 Years: Your drivers’ previous employer records

  • 5 Years:

    • Employee-CDL/Driver evaluations and referrals to Substance Abuse Professionals (SAP)

    • Follow-up tests and follow-up schedules

    • Employee-CDL/Driver testing refusals

    • Positive alcohol and drug test results

    • Evidential Breath Testing Device (EBT) calibration records

  • Indefinitely: Education and Training records

The DOT has resources on drug and alcohol testing, including informational brochures, tips on how to put a testing policy in place, and best practices. Visit their website here for tools you can use.

 

What is the FMCSA Commercial Driver’s License Drug and Alcohol Clearinghouse?

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The Clearinghouse is a secure online database that gives employers/carriers, the FMCSA, State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s licenses (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. An act of Congress directed the Secretary of Transportation to establish the Clearinghouse.

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The Clearinghouse enables employers/carriers to identify drivers who commit a drug and alcohol program violation while working for one employer, but who fail to subsequently inform another employer (as required by current regulations). Improving Highway Safety

 

The Clearinghouse provides FMCSA and employers the necessary tools to identify drivers who are prohibited from operating a CMV based on U.S. Department of Transportation (DOT) drug and alcohol program violations, and ensure that such drivers receive the required evaluation and treatment before operating a CMV on public roads.

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The Clearinghouse rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40 and 382 by current and prospective employee-CDL/Drivers.

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The Clearinghouse also requires the following:

• Employers/carrier are required to query the Clearinghouse for current and prospective employee-CDL/Drivers' drug and alcohol violations before permitting those employee-CDL/Drivers to operate a CMV on public roads.

• Employers are required to annually query the Clearinghouse for each driver they currently employ.

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When did the Fmcsa clearinghouse start?

January 6, 2020 On January 6, 2020, the FMCSA launched the FMCSA Clearinghouse, an online database where CDL driver drug and alcohol testing violations and return-to-duty information will be stored and searched.

 

What is the deadline for Clearinghouse FMCSA?

January 5, 2021

FMCSA Clearinghouse Annual Query Requirement

The deadline for conducting your first Annual Queries in the FMCSA Drug and Alcohol Clearinghouse (DACH) is January 5, 2021. Annual Queries are to be conducted at least once in a 12-month rolling period.

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For your convenience, we have established a relationship with Quest Diagnostics, allowing us the accessibility of various drug and alcohol testing facilities throughout all 48 states.

To find a location near you click on the link below: 

http://www.questdiagnostics.com/hcp/psc/jsp/hcp_psc_index.jsp

 

 

Instructions

Just enter your starting address and the reason for your test, and you will get several locations near you and their testing capabilities.

Remember ALWAYS to call us Blue Scorpion Carrier Service’s representative or your company safety department immediately for direct assistance in locating a testing facility and further instructions.

 

Office: 281-712-2721 or Cell # 305-318-8166 ( best number to call)