Examining the FMCSA Drug and Alcohol Testing Program.

To ensure that commercial drivers are safe and companies can protect members of the public, the Federal Motor Carrier Safety Administration (FMCSA) provides an extensive testing and education program.

This program stipulates that drivers must:

• Have an alcohol blood level that does not exceed 0.04 while operating a commercial motor vehicle
• Have no alcohol or non-manifested drugs in the vehicle
• Not use any drugs or alcohol while on-duty or within four hours of operation or eight hours following an automobile accident
• Never refuse a random or post-accident test

Who is required to follow the FMCSA program?

Anyone who operates a commercial motor vehicle must follow the regulations set out by the FMCSA. For definition, a commercial vehicle is one that has a grossed combined weight of over 26,000 lbs, carries 16 or more passengers, or is used to transport hazardous material.

The program is required to be followed by all drivers, regardless of whether they are full-time, regularly employed, self-employed, or casual drivers. Leased drivers and independent owner-operator contractors who are either directly employed or under lease, as well as drivers for civic organizations and churches, are also required to meet all criteria set out by the FMCSA Drug and Alcohol Testing Program.

Businesses that manage commercial drivers must ensure that all employees who are operating a vehicle comply with the program.

How do the FMCSA regulations apply?

The regulations for the FMCSA Drug and Alcohol Program apply whenever a driver is on shift and performing an operational Safety Function, including:

• Waiting to be dispatched
• During equipment inspection
• While at the controls of the vehicle
• While the vehicle is being loaded or unloaded
• During any repairs on the vehicle

Compliance with these rules involves testing the driver for alcohol and substances, including marijuana, cocaine, amphetamines, PCP, and opiates. Testing is required prior to a company offering employment, within a certain period following an accident, and at random times throughout employment. Any drivers who are using therapeutic or prescription drugs are required to inform their employer as soon as possible.

Driver testing can be ordered at any time, but only if the employer has suspicions that the driver is affected by drugs or alcohol. Equally, further testing is required for any employees returning to the job after being relieved of duty following a previous positive test.

These extensive testing regulations and educational programs are designed to help employers protect the public against drivers who may be using controlled substances or alcohol during their work.

What are the penalties for failing a test?

The penalties for failing an FMCSA Drug and Alcohol Test vary, but any driver who tests positive could be facing any of the following:

• Suspension from performing any 'Safety Functions'
• Be required to undergo evaluation from a substance abuse professional
• To complete extensive documentation following test results
• Requirement to be retested and testing negative for any substances (with no more than a .02 blood alcohol level) before being reinstatement.

Alongside these restrictions, the employer reserves the right to terminate any employment following a positive FMCSA test.

Considerations for employers

Employers managing any form of commercial drivers are expected to carry out certain tasks and provide staff with all required information. This includes:

Record keeping

All employers are required to maintain complete records of all drug testing results for at least five years. Alongside this, employers are required to keep a yearly calendar summary of their program, which is subject to review by the Federal Highway Administration.

Provide training

All drivers must receive training in substance abuse avoidance as well as be provided with a manual on the company's alcohol and substance abuse policy. These manuals are to be acknowledged in writing and need to be kept on file. All supervisors who are authorized to order testing based on suspicion of abuse are required to have at least two hours of training beforehand.

Employee rights

Employee rights must be maintained at all times, and employers should consider:

• Clarifying the specific behavior that is deemed reasonable suspicion for supervisors to order a drug test
• Notifying the driver verbally before any testing takes place
• Ensuring all supervisors are fully trained before they can order tests
• Guaranteeing that all random tests are truly random
• Random tests must be given before, during, or after a safety function

Rehabilitation services

Drivers who are tested by a supervisor following suspicious behavior, regardless of test results, must be given the full names, addresses, and contact numbers of substance abuse professionals such as counselors and treatment programs. Any driver who does test positive for abuse must undergo an evaluation and successfully pass another test before being reinstated.

Independent drivers

Any employers who utilize independent drivers must periodically verify that they have participated in an approved alcohol and controlled substance testing program. This verification must be secured in written evidence.

Noncompliance

Any company that fails to comply with the program could face civil and/or criminal penalties. In addition to this, any party that decides to sue a company following an accident can use this as evidence of violations against them.

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