Non-adherence while complying with federal testing regulations may result in both fines and penalties from the 
Federal Motor Carrier Safety Administration (FMCSA). Every year, thousands of motor carriers are mentioned during FMCSA audits. The drug and alcohol testing rules under the U.S. Department of Transportation (DOT) are often misunderstood and misapplied by fleet management. The lack of understanding of the regulations may have legal implications if a driver’s rights are violated or someone is injured in an accident involving a driver not tested according to the rules.
Here We Have Listed 3 Common Errors Overlooked By Many Motor Carriers:
#1 Failure of Program Implementation
Audits carried out by FMCSA in the year 2008 showed that the number one overall acute violation was an ineffective or lack of implement of an alcohol and/or drug testing program. Various other studies carried out suggested that operational motor carriers for reasons unknown did not set-up an effective program. All motor carriers are subject to DOT drug and alcohol testing requirements.
#2 Lack of Pre-Employment Background Checks
Among the top citations each year, hiring a driver before received DOT drug screen was amongst one of them. Studies have shown that Tests were not conducted at all or were only conducted after an incident. In the case where a driver has been removed from a DOT testing program for more than 30 days, a re-test is mandated and must be distinct as “pre-employment” even in the situation where the driver was employed during the absence. Some mistakenly considered it as a return-to-duty test which is not the case, even in instances when the driver’s doctor indicates the driver can “return to work.” A return-to-duty test is tied to a violation and is a part of the return-to-duty process after a substance abuse professional’s (SAP) evaluation and treatment.
#3 Post Accident Test
A lot of questions frequently surface regarding whether DOT post-accident tests are required. Unfortunately, this type inquiry typically occurs at the last minute during the respective eight- and 32-hour deadlines for alcohol and drug testing. During a compliance review, an auditor can easily refer to the state-reported accidents and citations to determine if the tests were required. To test “just in case,” however, is just as much of a violation as not testing when required to do so. Testing is required as soon as practicable if a fatality occurs, even if your driver was not cited. This requirement even includes a fatality that occurs afterwards, but still within the timeframes for testing.
For more on Drug and Alcohol Testing Program Requirements in Trucking under FMCSR, join this transportation conference with expert speaker Mark Dixon, who expands on existing rules and regulations under FMCSR. This session will help you understand your exact duties and responsibilities to avoid any adverse consequence, which includes fines and litigation for negligence.
