Introduction: Why DOT Drug Testing Matters for Employers
If you employ safety-sensitive employees who conduct activities within their employment description, you must monitor the activities of these individuals for the benefit of the safety of the public.
The U.S Department of Transportation federally mandates the need for organizations to conduct drug and alcohol testing related to 49 CFR Part 40. A well-defined drug and alcohol testing program address safety, integrity and accuracy of the testing process including the collection of the samples which is ‘key’ to accurate and secure outcomes. If the collection process does not comply with the procedural rules, it allows individuals to continue to use drugs and alcohol which impacts the safety of the public. Employers must understand the regulations and guard the integrity of the collection, transmission and testing of the samples. This is the responsibility of the employer.
A lack of a drug and alcohol testing program for safety-sensitive jobs is a violation of the law to be compliant. In the event an organization decides to by-pass these regulations, they become liable for any security, accidents, or any issues due to drug and alcohol use. Most employers take this seriously to keep a safe and compliant workforce.
What Is DOT Drug Testing?
DOT Drug and Alcohol testing was passed into law by the Omnibus Transportation Employees Testing Act of 1991 because of several tragedies that had occurred in the past. This Law is implemented and enforced by the Department of Transportation.
A DOT drug and alcohol test is a five-panel drug test that screen individuals for the absence or presence of al illicit drug. A non-DOT drug test could include more than a five-panel test.
A non-DOT drug test must still follow the law and a strict chain of custody (COC) of the company’s state. Some states have no restrictions on workplace drug testing. Knowing the rules for non-DOT testing by state is important.
A DOT drug test must follow specific guidelines in specimen collection and testing frequency. A non-DOT drug test follows state laws regarding workplace safety ad liability.
The following drugs are included in a DOT drug Test:
- Cocaine
- Marijuana
- Opioids
- Amphetamines & methamphetamines
- Phencyclidine (PCP)
Following these guidelines keeps employers compliant and the company is not penalized. DOT testing is only done through a urine test. A non-DOT drug test can use saliva, hair, nails or blood tests.
Organizations that are most impacted by these Drug and alcohol compliance rules are the following although many other organizations with safety sensitive jobs may also be included in these rules.
- Federal Motor Carrier Safety (FMCSA – Motor Carrier Industry)
- Federal Aviation (FAA – Air carriers or operators & contractors)
- Federal Railroad (FRA – Rail)
- Federal Transit Administration (FTA – Public Transport)
- Pipeline & Hazardous Materials Safety (PHMSA – Operators of pipeline facilities and contractors)
US Coast Guard (USCG – Maritime)
Which Employers Are Required to Conduct DOT Drug Testing?
Person’s that are subject to the commercial driver’s license (CDL) requirements and their employers must follow the drug testing protocols that are implemented by FMCSA. These rules include methods of testing and the type of drugs to be tested.
Those impacted are as follows:
- Employers who have CDL drivers, driving commercial vehicles.
- Motor carriers (interstate and Intrastate)
- Federal, State and local government employers
- Civic Organizations
- Faith-based organizations
- Fleet operators
- Transit employers
What Is a Safety-Sensitive Position?
Safety Sensitive jobs are jobs that include duties and responsibilities that if they are conducted under the influence of drugs or alcohol could severe consequences like physical injury or loss of life to anyone.
Types of DOT Drug Testing Employers Must Know
Employers need to be aware when and what type of DOT drug testing is required. There are a several scenarios that require an employer to enforce a DOT drug test.
Pre-Employment DOT Drug Testing
A pre-employment drug test is implemented before an individual can be on boarded as an employee in all sensitive related duties. The rules in collection, testing and type of drugs tested apply.
The rule states that a driver must have a negative drug test result documented before conducting a safety-sensitive function.
Random DOT Drug Testing
A Random Drug test is conducted on a random selected pool of employees and should include a pool of about 50% drugs and 10% alcohol annually.
Drug testing consortiums are associations that group together to form one entity to conduct DOT drug and alcohol testing of its employees. The companies than apply their employees to a random pool which is managed by an administrator who makes random selections of the pool annually. Consortiums are applied to companies that have less than fort=y-nine employees.
Post-Accident Drug Testing
If a safety-sensitive accident occurs testing of the individual must occur within thirty-two hours of the accident for drugs and eight hours for alcohol. If this window of opportunity is missed, the reason must be documents for an audit review.
Reasonable Suspicion Testing
Supervisors should be observing the behaviors of employees in safety-sensitive positions. If there is specific observed behavior that could be risky, a drug test should be conducted. The test should be conducted only after there is ap[propriate documentation of the behavior seen.
Return-to-Duty Testing
If a driver or employee is tested positive for a drug test, the employee must complete a Substance Abuse Evaluation (SAP) conducted by a Substance abuse professional. To return to duty, the individual must go through several steps listed below.
Step 1 – Comprehensive Assessment – This is an in-person meeting with an SAP professional.
Step 2 – Treatment – Recommendation will be made by the SAP professional on the type of
treatment the individual needs.
Step 3 – Education – The individual must complete the recommended education and / or
treatment program.
Step 4 – Follow-up – This is an in-person meeting with the SAP professional for evaluation.
It evaluates the employee’s compliance to DOT regulations.
Step 5 – Compliance – The individual will be ranked compliant if they successfully complete the
treatment program per the SAP guidance.
There is cost to employers when a situation arises with DOT drug non-compliance due to the number of steps an individual has to go through. Employers should be cognizant of these requirements and monitor the hiring and management of individuals.
DOT Drug Testing Procedures Employers Should Follow
As an employer you have responsibilities for employee under the Rule 49 CFR Part 40. You are responsible for all the actions of employees (including contractors and service agents) to enforce these rules in your organization.
All testing should be conducted with appropriate employee notification of a test (for randoms) and conducted by a certified collection agency like SmarTest Labs. The process of collection should be done under the strict chain of custody, and the analysis should be completed by a certified laboratory that does the scientific analysis.
A Medical Review Officer (MRO) is required to provide clinical analysis of a sample results in the event it requires f=further clinical analysis.
All results must be documented and reported to the designated Employee Representative (DER).
Common DOT Compliance Mistakes Employers Make
Employers can make mistakes in DOT compliance drug and alcohol testing. Some of the common mistakes are listed below:
- Driver Qualification – Employers must have documentation of CDL drivers’ licenses and medical examination certificates on file. Additionally, they need to have the driving history of the drivers. It is common to forget to update these documents but that puts employers out of compliance. Audits and regular review of these documents can help avoid these issues.
- Working hours – Driving limits should not exceed the mandated policy rules. Having drivers work beyond the hours can causes unnecessary issues.
- Vehicle Maintenance – DOT requires that all vehicles must be inspected at the appropriate times. Maintenance is key to safety of the vehicles. These should be scheduled at the appropriate times.
- Training of Drivers – On-going compliance training is critical to keep the rules at the forefront of the employees. Drivers need to be trained on safety and changes in operations due to newer technologies. This can be achieved with on-going training of the drivers.
- Documentation – All documentation should be update regularly as the testing and education proceed. Lack of documentation could cause audit issues.
- Trained and certified collectors – Collectors are important to the process. If a collector is not certified, there is a risk in collection and hence it compromises the collection process and outcome of the test. Collectors should have DOT certification to be able to collect DOT samples.
- Random Tests – Most federally mandated DOT organization should annually conduct Radom sample testing. Allowing this to lapse can be a federal violation of the regulations. This process should be marked on calendars but not done at the same time annually so as not to set expectations when these randoms will be conducted.
It is highly recommended that employers through their daily operations build models to manage some of these potential mistakes.
DOT Recordkeeping Requirements for Employers
All documentation of DOT tests should remain in storage for a duration of three years. This applies to both paper copies and electronic copies of the test results. Auditors will require a demonstration of all records for that period.
Why Employers Choose Professional DOT Drug Testing Services
Most employers choose qualified DOT testers due to the level of accuracy, integrity and processing of the samples. A mistake in the collection process can inadvertently impact the donor and cause unnecessary litigation or loss of jobs. Employers running DOT organizations are cognizant of these impacts and always engage qualified collectors and testing organizations.
SmarTest Labs a highly accredited DOT testing laboratory only uses qualified testers and collectors in their sample collection. We conduct the process with certified DOT collectors and testers. WE manage all forms of DOT testing including conducting random, mobile testing services and partnership with nationwide DOT accredited testing organizations.
SmarTest Labs provides guidance in the DOT testing process and provide advice to DOT organization on the approach required for testing to be conducted. Knowledge of the process is important as it provides transparency in the testing process. Protecting your employees creates a culture of trust and, safety and integrity in the organization.
FAQs
Can an employer fail a DOT audit?
Yes, and employer can fail an audit if they are missing driver qualifications. Lapses in drug and alcohol testing requirements and inaccurate and falsified records.
What happens if an employee fails a DOT drug test?
Organizations that fail a DOT compliance could face significant fines, penalties and impacts to their operations. If the organization does not fix the issues the company could face criminal charges
How often is random DOT drug testing required?
The general rule of thumb is to have randoms conducted annually.
Is marijuana allowed under DOT regulations?
Since marijuana is a schedule I drug, it is not acceptable for any safety sensitive job to allow marijuana use.
What is the difference between DOT and non-DOT testing?
A DOT test is regulated by the Department of Transportation, and all rules must be followed as listed in the blog. A non-DOT test can follow the rules set by each state and should also use care and caution in the process. Non-DOT’s can test for a broader spectrum of drugs. DOT test for five drugs.
Are DOT drug tests federally regulated?
Yes, they are federally mandated and regulated.
How long should DOT testing records be retained?
All records should be retained for at least three years.
Who pays for DOT drug testing?
Most organization pay for DOT drug testing of their employees.
Conclusion: Building a Safer and DOT-Compliant Workplace
SmarTest labs can assist, conduct and provide guidance in the DOT testing process> It is important that employers keep close watch on upcoming dates and times for testing.
Call SmarTest Labs for all your Mobile, on-site and question regarding DOT testing requirements. WE are here to assist you in the process.
Call us at: 301-686-8566
Contact: contact@smartestlabs.com
Recent Comments