|
The Department of Transportation enacted the Controlled
Substances and Alcohol Use Testing and Education program
to help employers protect the public against drivers
who use controlled substances during their work. We
will discuss the act in two parts. This part will focus
on the actual regulations and who is subject to the
act. Part 2 will discuss compliance and consequences
of non-compliance.
Nationally, drivers must comply with the following:
* .04 is the maximum blood alcohol level for persons
operating a commercial motor vehicle.
* The driver cannot possess any non-manifested (listed)
drugs or alcohol in his vehicle.
* No on-duty use of drugs or alcohol permitted, including
avoidance of use within four hours before operation
or eight hours following an automobile accident.
* Cannot refuse either a random or post-accident drug
or alcohol test.
Commercial Motor Vehicle Definition - Under the
rules, a commercial motor vehicle is one that has a
gross combined weight (GCW) of more than 26,000 lbs.;
that is made to carry 16 or more passengers (including
driver); or that is used to transport hazardous material.
Persons Subject to the Act - Any person who
operates a commercial motor vehicle must follow regulations.
Affected persons include, full-time, regularly employed
drivers (included self-employed operators); casual,
intermittent or occasional drivers; leased drivers and
independent owner operator contractors who are either
directly employed by or under lease to an employer who
operates a commercial motor vehicle at the direction
of or with the consent of an employer. It's important
that businesses be aware that any person who operates
a commercial motor vehicle must comply with the act,
regardless whether the person has a commercial driver's
license.
The regulations apply during any time that a driver
is performing a safety function. Safety functions include
a wide variety of tasks such as:
* While waiting to be dispatched
*During equipment inspection
*Anytime at a vehicle's controls
*During a vehicle's loading/unloading
*During a vehicle's repair
Compliance with the Act involves testing for alcohol
use as well as for use of marijuana, cocaine, amphetamines,
PCP and opiates. Drivers are required to tell their
employers when they are using any therapeutic or prescription
drugs. Testing must be performed prior to offering employment,
within a certain time after an accident, and at random
times. If justified, testing can be ordered for a driver.
However, that can only take placed if a trained person
has a reasonable suspicion that the driver is affected
by drugs or alcohol.
|