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Who Must Submit to Pre Employment Testing Among Commercial Drivers
Holders of commercial drivers’ licenses (CDLs) are required by federal law to be tested for drug use as a condition for hiring. Employers oversee the testing. Since 1991, with the passage of the Omnibus Transportation Employee Testing Act, the drivers of all commercial vehicles – who by definition hold a commercial drivers’ license (CDL) – are required to be tested for drug and alcohol consumption under the following circumstances: Pre-employment (pre-employment drug testing for controlled substances only, not alcohol) Reasonable suspicion (when behavior suggests there may be active use) Post-accident (if a citation was issued, if there was a fatality or bodily injury, and if a vehicle was disabled such that it had to be towed away from the scene of the accident) Randomly (random drug testing on an ongoing basis among all holders of the CDL, including in sole-proprietor drivers) Return-to-duty (after failing a test) And follow-up (various circumstances) And to be clear, this means anyone and everyone holding a CDL who does or could operate a commercial vehicle as a part of his or her job responsibilities. That includes employees of the largest long-haul freight companies, independent drivers and even volunteers, such as drivers of vans affiliated with houses of worship. Reasons for drug and alcohol testing With specific regard to pre-employment, the rationale should be clear: no driver should be a user of controlled substances and also responsible for operating a heavy vehicle on America’s roads and highways. Rather than address a substance abuse issue after a driver begins employment it’s better that this be done in advance. Drivers who cannot refrain from drug use in the hiring process should not be given this responsibility. Why is alcohol use not tested in advance of employment? Alcohol can be detected in one’s urine for about 80 hours and in a hair follicle for up to three months. But alcohol consumption is legal off the job such that a pre-employment test – particularly the more aggressive (and expensive) application of a hair follicle procedure – would yield very little useful information. The various drugs tested for – marijuana metabolites/THC, cocaine metabolites, amphetamines, including methamphetamine and MDMA, opiates (including codeine, heroin and morphine) and pencyclidine (PCP) – can be detected between one and 30 days later in urine. Inform employees and candidates that substance testing is required The responsibility for testing is on the employer and individuals who are self-employed in contract work. Employers need to make sure driver applicants are fully informed of the commitment and requirement to have a workplace free of controlled substances and alcohol consumption the job. This responsibility to inform typically is done while advertising for the position and as an attachment to a driver application form. Implicit in submitting an application a driver is saying he or she will adhere to the policy and submit to testing under all required circumstances. Also, an employer should make clear that the Testing Act, administered by the Federal Motor Carrier Safety Administration, will require random testing throughout the course of their employment. This fully underscores the all-encompassing nature of a drug- and alcohol-free workplace for commercial license holders. ...read more
By Real Occupational Testing Services April 25, 2019
Who Must Submit to Post-Accident Testing and When?
In most cases, when a traffic citation is issued it becomes necessary to test all CDL holders involved, even if they were not the recipient of the citation. The reason the Federal Motor Carrier Safety Administration (FMCSA) requires post-accident drug testing of drivers and others in safety-sensitive functions* is to promote safety on the roads. This helps prevent accidents that endanger drivers and passengers. It is the responsibility for all holders of commercial drivers’ licenses (CDLs) to remain sober and safe in their operation of a commercial vehicle – at all times. In most cases, drivers are subject to mandatory random testing for drug use as an ongoing condition of their employment, and alcohol testing when a trained supervisor deems it necessary due to observed behaviors. But in the case of an actual accident it is mandatory for any and all drivers involved to submit to drug and alcohol tests, with some conditions: Fatality involved in the accident, citation issued– If police identify fault in any driver, all drivers holding a CDL need to be tested. Bodily injury involved, citation issued– Even if there is no fault determined at the scene, drug and alcohol tests need to be conducted on holders of CDLs. Bodily injury involved, no citation issued– If no citation is issued to any drivers, no tests are required. At least one vehicle disabled in the accident, citation issued– If one or more motor vehicles in the accident is believed to be at fault, all drivers holding a CDL are required to have a drug and alcohol test. At least one vehicle disabled in the accident, no citation issued– If there is no fault suspected at the scene such that police issue no citations, no tests need be conducted. Post-accident testing is very time sensitive. According to the Legal Information Institute/Cornell Law School publication on post-accident testing, alcohol and drug tests need to be performed “as soon as practicable following an occurrence.” It goes on to state the responsibility is on employers to do the test (almost always through third party testing firms). Note that citations might not be issued in the immediate aftermath. Employers are responsible for testing if a citation is issued within eight hours of the incident. However, if a citation is issued later, up to 32 hours post-accident, a drug test still needs to be performed. The law also states that “a driver who is subject to post-accident testing shall remain readily available” for such testing. If not, they can be deemed as having refused to submit to the test. It is the responsibility of the employer to inform the driver in the immediate aftermath of the accident of his or her responsibilities: They re required to stay close and in contact should the need for a test arise in the 32-hour time period. * Safety sensitive functions include more than times while driving a commercial vehicle on the public roadways. It also includes when the commercial drivers license holder is at a shipping depot, terminal, other property (private and public) when loading or unloading a vehicle, or when waiting for a dispatch. It also includes when performing a safety inspection of the vehicle per legal requirements, or while repairing, obtaining assistance, or remaining in attendance of a disabled vehicle. ...read more
By Real Occupational Testing Services April 25, 2019
Who Must Submit to Reasonable Suspicion Testing
The job of identifying potential drug use by a commercial driver is subjective, only to be done by a trained supervisor. All CDL holders must comply. The Transportation Employee Testing Act – passed in 1991 and in full effect 1995 – specifies that employers in the transportation industry are responsible for maintaining alcohol- and drug-free workplaces. In other words, any driver-employee who is or could be called upon to operate a commercial vehicle cannot do so while under the influence of alcohol or drugs. With this responsibility placed on employers as well as drivers (who by definition hold commercial drivers’ licenses, or CDLs), it is essential that supervisors of drivers be responsible for policing behaviors on a day-to-day basis. That is true in many respects: defamatory, sexually harassing, and discriminatory behaviors are regulated as well with specific means for prevention, enforcement, and redress. Safety around large commercial vehicles that occupy and move in the public space should similarly be managed carefully, effectively, and consistently. Supervisors, then, receive what is termed “reasonable suspicion training”. Supervisor training to identify possible on-the-job drug and alcohol use All of which puts the employer into a challenging, subjective situation with regard to “reasonable suspicion.” Some erratic behaviors lead to obvious suspicion, but how does a supervisor make the determination? And can the mere task of sending an employee for drug and alcohol testing be a tool of harassment? The law as regulated by the Federal Motor Carrier Safety Administration (FMCSA) protects against subjectivity. It stipulates three scenarios be considered: When a trained supervisor observes adverse behaviors. Testing is NOT warranted when an untrained person reports it. This prevents the law from being misused, perhaps as a means of undercutting an individual and otherwise causing nuisance testing. Testing should be applied only when there is reasonable cause to do so. When a trained supervisor who is not the employer observes suspicious behavior: In many situations in the freight industry, interaction occurs between individuals of different employers (often at warehouses and other depot settings). When a trained supervisor at Company A sees suspicious behaviors by someone who works for Company B, that supervisor is empowered and encouraged to contact Company B to suggest testing; that supervisor is also encouraged to contact law enforcement if the situation calls for it. What constitutes actual suspicious behavior? Supervisor training manuals typically describe, in detail, such things as behavior, appearance, speech, and body odors as initial clues. Rules on alcohol vary slightly Final note: These rules and guides primarily apply to the use of controlled substances. Because alcohol is generally a legal substance an individual undergoing withdrawal symptoms, a “hangover,” is not a triggering behavior for testing. Only its use or presence in sufficient concentrations while operating a commercial vehicle is considered a violation of the law. ...read more
By Real Occupational Testing Services April 04, 2019