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DOT regulations require testing under the following six situations. Drug-free Workplace companies may use these situations as part of their company policy or as a guide.
1. Pre-employment: Companies are required to test applicants they plan to hire who will perform in a safety-sensitive function. A company cannot allow an individual to perform a safety-sensitive function unless they have received a negative drug test result. There are exemptions to the pre-employment testing requirement, for Federal Motor Carriers Safety Administration (FMCSA) regulations. All three of the following exemptions need to be met to be exempt from pre-employment testing:
- The employee participated in a drug testing program that met the requirements of the regulations within the previous 30 days;
- While participating in that program, the employee was either: a) tested within the previous 6 months (from the date of application) and had a negative test result; or b) participated in a random drug testing program continuously during the preceding 12 months;
- The employer ensures that no prior employer has any knowledge or record of a violation of the regulations within the previous 6 months.
In order to comply with the exemption rule, the company must receive documentation from previous employers. If the information is not received, a pre-employment test will be required.
2. Reasonable suspicion Supervisors who are in a position to make reasonable suspicion determinations must be trained in recognizing the signs of substance abuse. This training consists of at least 60 minutes of training in recognizing the signs of drug abuse and 60 minutes of training in recognizing the signs of alcohol misuse. A supervisor who has successfully been trained in recognizing the signs of substance abuse must witness behavior that indicates the use of drugs or alcohol before a reasonable suspicion test may be performed.
3. Post-accident Post-accident testing is required if the following conditions arise:
- Fatality
- The driver receives a moving vehicle citation and any person
involved in the accident requires immediate medical treatment away from the scene of the accident.
- The driver receives a moving vehicle citation and any vehicle in the accident is towed or incurs "disabling damage".
Post-accident testing is time-sensitive. A urine collection must be obtained within 32 hours from the time of the accident. An alcohol test must be administered within 2 hours; if not, the company has up to 8 hours to complete it. The company must document if the alcohol test could not be completed within 2 hours and why it wasn't completed within that time frame. Alcohol tests not completed within the maximum time frame of 8 hours require documentation of the nearest hospital that could have performed a blood alcohol test within the required time frame. There is an exception to the drug and alcohol method for post-accident testing. A company may use the results of a post-accident drug and/or alcohol test administered by a law enforcement official if it conforms to federal, state or local law. The employer must be absolutely positive they can obtain these results from the law enforcement official. If in doubt about the ability to obtain these records, the employer should complete the required DOT drug and alcohol test.
4. Random FMCSA regulations require all CDL drivers undergo random drug and alcohol testing. Once the random selections are announced, those chosen for testing must have the test performed immediately. The FMCSA requires that 50 percent of the average number of drivers be randomly selected for drug testing using a scientifically valid method. And 10 percent of the average number of drivers must be selected for alcohol testing using a scientifically valid method.
5. Follow-up Follow-up testing is required after rehabilitation for a drug or alcohol misuse problem and a return-to-duty test. Six unannounced follow-up tests are required within one year of evaluation and treatment by a Substance Abuse Professional (SAP).
6. Return-to-Duty This testing is required for employees who want to return to work after being unqualified for a safety-sensitive function. The return-to-duty testing can be done once the referral/evaluation has been completed.
Return-to-duty testing requires a negative result prior to the employee returning to a safety-sensitive function
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