DOT Drug Testing Things We Should Know

A few months ago I was approached by two motor carriers that received "Unsatisfactory" Ratings during a Compliance Review. This is what inspired me to write this blog entry.

Everyone of us should know -

Not to use a driver the first time until a negative result has be received on a
Pre-Employment drug test. This can be a verbal or written confirmation from your Medical Review Officer (MRO) or third party provider. The DOT auditors are pulling payroll records and logs to find out when the driver first drove for companies and then comparing it to the date the (MRO) reviewed the result.

All drivers must be in a Random drug/alcohol test pool and the drivers selected must be tested within the random testing period. For example if your randoms are pulled quarterly then the tests need to be done within that quarter. Drivers that were unavailable (for a good reason) should have the reason for not testing notated on the selection notification form. An additional random selection should then be made to insure you are testing at the required level.

Cannot use a driver that has tested positive for a drug or alcohol test until he/she has undergone a review by a qualified DOT Substance Abuse Professional (SAP) and authorized to Return To Duty. If notified of a positive test result you must remove the driver from all safety sensitive duties, i.e.; driving, immediately.

The MRO must keep the date and time a company or third party provider was notified of the positive test. I have had auditors call the MRO and find out what time companies were notified then compare to time sheets, time cards and/or logs to find out when the company took him/her off the road. If not within a reasonable time period they are in violation and it is an Acute or Critical Violation that could effect their safety rating. As a note, the third party provider if one is used, must also keep the time they notify their clients of the positive test result.

Don't get in a hurry to use a driver for the first time or be slow in removing them from service once you find out a driver has tested positive for a drug or alcohol test, even if it is inconvenient.

Oh and the two companies, we were able to get the "Unsatisfactory" brought up, one to "Conditional" the other to "Satisfactory".

What Has Changed At The FMCSA In The Last Year

It is for sure there have been several changes in the regulations that effected the Trucking Indusry over the last year. I will try to reflect on some of the important issues, should you think of more or have comments on how these have effected you please, post your comments.

Nov 2008 - Changes made to supporting documents to add electronic records, GPS. Ever since GPS came out the Federal Motor Carrier Safety Administration (FMCSA) said they would not use the data in Compliance Reviews. It would not compare GPS data to logs to check for falsifications on the log by the driver. Well the rules have changed, more like someone changed their mind. Now the FMCSA will have auditors use the data in their efforts to find False Logs.
All carriers must retain the information for six months. Failure to do so will result in a record keeping violation for not having Supporting Documents. http://tinyurl.com/mhrjhd

Dec 2008 - FMCSA issued a final rule to combine the Medical Records (Physicals) to the CDL. This will allow Law Enforcement to have the information available. The FMCSA also established provisions to establish National Registry of Certified Medical Examiners to ensure that physical qualification examinations of CDL holders are performed by qualified medical practitioners and are administered in a uniform and consistent manner. http://tinyurl.com/lre3lt

Dec 2008 - FMCSA establishes 16 regulations that a New Entrant Carrier must comply with or not be able to pass their Safety Audit, for the first violation of any of the 16. One strike and your out. http://tinyurl.com/krun2d

June 2009 - Intermodal providers are made subject to the Federal Motor Carrier Safety Regulations. The new regulations make intermodal equipment providers (IEPs) subject to the Federal Motor Carrier Safety Regulations (FMCSRs) for the first time, and establish shared safety responsibility among intermodal equipment providers, motor carriers, and drivers.
http://tinyurl.com/kw6mob

Aug 2009 - The observed collection for Return To Duty and Follow Up tests was finally announced to go into effect August 31, 2009. It also contains language as to the specifics the collectors must check for and how they are to do it. http://tinyurl.com/nw4d29


This is in addition to many State regulations tightening down on the Trucking Industry. Texas recently adopted rules that go in effect September 1, 2009 to eliminate idling by drivers while taking their mandatory break. I hope truck stops add more air hook-ups. In addition, CDL drivers are required to notify the State and Employer of any traffic convictions and violations of ordinances within 7 days versus the 30 day requirement in the FMSCR.


So what is ahead for us, the most important thing I have seen and it has to be one of the major things to come along since the change in the Hours of Service regulations is CSA 2010. This is going to change all most rules of how Saftey Ratings are made and how Compliance Reviews will be prioritized. More to come on this in another blog. But check this link out for now. They even have their own website, so you know it is going to be intense..http://csa2010.fmcsa.dot.gov/


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Background

As owner and operator of RMR Consultants, Mike Rone founded his company 10 Years ago in May of 1999 in order to bring a increasingly necessary service to a under-serviced, but highly regulated industry. Mike Rone knew the industry needed to have a more complete and accessible compliance information and resources. Mike Rone felt that RMR Consultants could provide professional advice regarding Specialized D.O.T. Compliance, support, and information regarding Regulatory matters. RMR provides clients with knowledgeable and assistance with paperwork,accounting,audits and the long list of burdensome work that companies and individuals in the carrier industry need to do business.

RMR has over 28 Years of practical experience and Certification in several fields of the industry related to D.O.T compliance such a; Safety,Traffic, Rate Negotiations, Freight Bill Audit and Payments ,FHWA Operation Authorities and State Regulations. Mike's extensive knowledge,which covers shippers,carriers, and private fleet management, along with work as a major distributor in Dallas managing a Private Fleet Operation in 16 states and being responsible for 140 drivers, he was well qualified to build the blueprint for RMR Consultants over support and success.

(Mike Rone is a Certified Fleet Safety Director. The Certification was received through joint recognition from the Texas Motor Transportation Association and Texas A&M Texas Engineering Extension Service (TEEX).


FOR MORE INFORMATION ABOUT OUR COMPANY CHECK US OUT ONLINE http://www.rmrconsultants.com/ CELEBRATING 10 YEARS IN BUSINESS AND OVER 50 YEARS COMBINED EXPERIENCE IN TRUCKING SAFETY AND DOT COMPLIANCE