It seems like administering DOT drug tests should be a simple and straightforward process. However, knowing who to test, when to test, and what kind of test to administer can be confusing, and doing it wrong can have serious financial consequences for your business.
Even if you are trying to do the right thing, selecting the wrong drug testing procedure can cause harm to your business.
To help you avoid costly mistakes, let’s look at the drug testing process, who should receive a federal drug test, and when you should administer a test.
Who is Subject to DOT Drug Testing Regulations?
According to the Federal Motor Carrier Safety Agency (FMCSA), only commercial driver’s license (CDL) holders, commercial learner’s permit holders (CLP), or drivers that should have one of those two licenses should be given a DOT drug test with the FMCSA on the custody and control form (CCF).
However, when an employee with a CDL or a CLP has an accident or acts suspiciously, a DOT drug test is not always necessary. Instead, a non-DOT drug test may be the best alternative. Here are some examples:
- You have a salaried employee with a CDL working as an administrator in your company. He does not use his CDL as part of his work duties. You, as the owner, observed him under the influence of illegal substances while at work. While your employee has a CDL, he is not using it as a part of his job. It would certainly be reasonable for you to perform a company drug test, but it should not be a federal DOT test.
- While on duty, a forklift operator with a CDL crashes into a company vehicle parked on site, causing $12,000 worth of damage. Drivers who only drive on private property, even if they have a CDL, are not subject to federal DOT drug and alcohol testing.
- You hire a new employee with a CDL to drive a small company van for tour operations. New CDL employees must have a pre-employment DOT drug test unless, like the administrator in the above scenario, they are not using their CDL license as part of their employment. The vehicle this employee will be driving does not meet the definition of a commercial motor vehicle (CMV) as it carries less than 16 passengers, weighs less than 26,000 pounds, and does not carry any hazardous materials.
Again, you can, and should, perform company alcohol and drug testing in many of these scenarios, but you should not use the federal DOT process and federal chain of custody forms.
When Should You Administer DOT-Regulated Drug Testing?
When You Hire a New Employee
Both full-time and part-time hires are required to pass a DOT drug and alcohol test if they have a commercial driver’s license and will drive a vehicle that is over 26,000 pounds, holds more than 16 passengers, or will transport hazardous materials on public roads.
If the driver you hire is not required to have a CDL or will only drive on private property you should not give them a federal DOT drug and/or alcohol test.
Random Testing
The FMCSA requires certain safety-sensitive employers to utilize a random testing program. However, it is very important that you keep your testing pools separate. Only DOT safety-sensitive employees can be a part of the DOT testing pool. You should have a separate testing pool for employees you are testing privately and not under the DOT testing requirements.
After an Accident
This is an area that can get you into trouble if you don’t understand the regulations. DOT testing is required after an accident IF:
- The vehicle had to be towed away from the scene AND a citation was issued
- If medical attention was required AND a citation was issued
- If a citation was issued
- If the accident resulted in a fatality
If none of these scenarios apply, do not administer a DOT test and use the DOT chain of custody form.
On the job accidents is one area where companies often err on the side of caution and administer DOT breath alcohol testing. However, requiring a DOT drug test at the wrong time can lead to legal and financial challenges.
When You Have Reasonable Suspicion
If you are a DOT-trained supervisor and one of your employees is showing signs of drug or alcohol abuse, you can refer them to be tested. Your observations can include the appearance, speech, behavior, or body odor of the employee. Just make sure that the employee meets the requirements outlined above for being subject to DOT testing.
When an Employee Returns to Duty
When an employee who operates a commercial motor vehicle (CMV) on public roads fails a drug or alcohol test, they are required to complete a substance abuse program. The substance abuse professional will determine what this entails. Prior to working again, they will also require a return to duty DOT drug or alcohol test, followed by random follow-up testing.
The Risks of Administering the Wrong Test
If you administer a DOT drug and alcohol test when it is not required, you expose yourself to legal challenges and financial penalties. In one extreme case, a truck driver sued his employer and won a $2 million settlement when the employer tested him and it wasn’t needed.
The truck driver slid on an icy road and his tractor-trailer tipped over. He was able to right the trailer himself and continue driving. Even though a citation wasn’t issued and there were no injuries or fatalities, the company required the driver to take a DOT drug and alcohol test.
The company was within its rights to require a company or private drug and alcohol test, but not a DOT test. Issuing DOT tests unnecessarily will not only expose you to legal liability but will trigger additional safety audits.
The Cost of Not Testing for Drugs and Alcohol
You might think, then, that you should just not test for drugs and alcohol. On the contrary, a robust drug and alcohol testing program will save your company money.
According to the National Institute on Drug Abuse, substance abuse among employees costs individual companies thousands of dollars in the form of absenteeism, reduced productivity, employee turnover, health claims, and workers’ compensation.
When performed correctly, a combination of required DOT drug and alcohol testing and a company drug and alcohol testing program can keep your company within compliance and will create a safe and productive workplace.
As long as you understand the DOT testing requirements, you can be sure to avoid the costs of testing unnecessarily and also reap the benefits of a drug-free and healthy workforce.
