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Drug & Alcohol Testing Be a Driver in the Know

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Drug & Alcohol Testing Be a Driver in the Know Controlled Substances Consequences FEDERAL The regulations require 5-panel testing for the 3 A positive test result or a following classes of substances: refusal requires the driver to be immediately removed from Drug & Marijuana n operating any CMV on public n Cocaine roadways. The employer must provide you with a list of Alcohol n Opiates — opium and acceptable SAPs from which to codeine derivatives choose to begin the “return-to- ” n Amphetamines and duty process. This process must Testing meth amphetamines be completed before a positive or REGULATIONS refusal driver can legally return to n Phencyclidine — PCP driving CMVs for any employer, including himself. For more information, visit www.usdoj.gov/dea/concern 3 The impact of testing positive or refusing to test can be devastating for a driver and his family. It often results in extended periods of unemployment, due to the time necessary to complete the “return-to-duty” process with a qualified SAP and the tendency of employers not to hire drivers with drug or alcohol histories. 3 Even after completing the “return- to-duty” process and finding employment, the additional return- to-duty and follow-up testing often adds increased stress and financial strain on the driver. For additional research and reading on the Federal Motor Carrier Safety Administration’s Drug and Be a Alcohol Testing Regulations, please visit our web site at: www.fmcsa.dot.gov/ Driver In rules-regulations/topics/drug/drug.htm the Know... FMCSA-E-06-003 Revised July 2010 The U.S. Department of Transportation (DOT) whenever they are involved in a fatal accident, or professional (SAP) drug and alcohol testing regulations for receive a traffic citation resulting from an injury or who signs the return- commercial driver licensed (CDL) employees are vehicle-disabling accident. The alcohol test must to-duty report. contained in 49 CFR Part 382, and 49 CFR Part 40. occur within 8 hours, and the drug test must occur They consist of a These regulations can be found at: within 32 hours. minimum of at least six unannounced www.fmcsa.dot.gov Random Testing – CDL drivers are directly observed tests subject to unannounced random testing. A This brochure summarizes the regulations as they conducted during driver may be directed to take a drug test even apply to CDL drivers, and is intended to better the first 12 months when at home in an off-duty status. Random educate drivers about their rights and obligations following the return- alcohol testing may only occur when the driver as participants in a DOT drug and alcohol to-duty test. The is on-duty or immediately before or after. Once testing program. SAP can prescribe notified to report for random testing, drivers follow-up testing for must immediately report to the testing location. Who Must Be Tested? a maximum of Delaying your arrival may be considered a refusal 5 years for drivers All CDL drivers operating commercial motor (see 49 CFR 40.191), which is equivalent to testing who have tested vehicles (CMVs) (greater than 26,000 GVWR, or positive. transporting more than 16 passengers, including “positive” or “refused the driver, or placarded hazardous materials) on Reasonable Suspicion – DOT-trained to test.” Follow-up public roadways must be DOT drug and alcohol supervisors can direct you to be drug or alcohol testing is in addition to tested. This applies to any driver required to tested whenever you exhibit signs of drug or any selections for possess a CDL, including those employed by alcohol abuse. The decision must be based on random testing. Federal, State, and local government agencies, observations concerning the appearance, behavior, “owner operators,” and equivalently licensed speech, or body odors of the driver. Testing Procedures drivers from foreign countries. Part-time drivers Return-to-Duty – Return-to-duty tests • Once notified to report for testing, a must also be included in an employer’s drug and require “direct observation” as prescribed in CDL driver must report to the collection alcohol testing program. Drivers who only operate 49 CFR 40.67. They are only required site immediately (To familiarize yourself CMVs on private property not open to the public after an employee has completed the “return-to- with the collection process and any of do not require testing. duty” process, and wants to return to work in a the other aspects of the DOT drug safety sensitive function (i.e., driving CMVs). They and alcohol testing program, please Required Tests replace the pre-employment test for “positive” refer to: www.dot.gov/ost/dapc). tested and “refusal” drivers. CDL drivers are subject to each of the following • DOT drug testing only recognizes types of tests: Follow-Up – urinalysis as a valid means for drug testing. Pre-Employment – A new driver must Follow-up drug and If problems are identified, you may be be drug tested with a negative result before an alcohol tests are required required to retest under direct observation. employer can permit him to operate a CMV as prescribed by the A driver is only permitted three hours to on a public road. Alcohol substance abuse produce a urine specimen. Leaving the testing is permitted collection site before the process has been only if it applies to all completed may be declared a “refusal.” CDL drivers. If a driver • Once tested, the laboratory will report is removed from a the analysis to a medical review officer random testing pool (MRO). If the analysis indicates a positive for more than 30 days, result, the MRO will contact the driver to he must again be pre- determine whether there are circumstances employment tested. that would explain the positive result. Post-Accident If there are none, the MRO will report a – CDL drivers must be positive result to the employer. drug and alcohol tested .
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