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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 penalties, training, recordkeeping and consequences
of non-compliance. Part
1 discusses the actual regulations and who is subject
to the Act.
Penalties For Failing A Drug Test - A driver
who fails any alcohol or substance abuse test may face
the following:
* suspension from performing any "safety functions"
* evaluation by a "substance abuse professional"
* extensive documentation of test results
* retesting of the suspended driver, with passing results
(alcohol test with no more than .02 blood alcohol and
a negative controlled substance test) before reinstatement.
*Termination (not a regulation, but at the discretion
of the employer)
Record Keeping Requirements - Employers must
maintain complete records of their drug-testing results
for at least five years. Further, an employer must keep
a calendar year summary of their testing program that
is subject to review by the Federal Highway Administration
(FHWA).
Training Required By The Regulations - Drivers
must receive training in substance abuse avoidance and
be given a manual on the company's alcohol and substance
abuse policy. Manuals must be acknowledged in writing
and it must be kept on file. Supervisors - employees
who are authorized to order testing based on reasonable
suspicion of abuse must have two hours training.
Respecting Employee Rights - Employers should
consider:
* Supervisors who order a test under reasonable suspicion
should base his/her judgment upon specifics
*Before testing, the driver must be verbally notified
that it is required by statute
* Only a properly trained supervisor can order a drug/alcohol
test due to reasonable suspicion
*Random tests must truly be random
*Any random test must be given either just before, during
or after performance of a "safety function"
Required Rehabilitation Services - Any driver
who is tested by a supervisor due to suspicious behavior
(regardless of test results) must be given the names,
addresses and phone numbers of "substance abuse
professional" counseling and treatment programs.
Before reinstating an employee who has failed a drug
or alcohol test, the driver must undergo evaluation,
pass drug testing and be given follow-up tests.
Employers Who Use Independent Drivers - These
employers have to periodically verify that the drivers
participate in an approved alcohol and controlled substance
testing program. The business must secure written evidence
that the drivers have been tested and have passed these
tests.
Consequences Of Noncompliance - A company that
fails to comply with the Act may face civil and/or criminal
penalties. In addition, a party that decides to sue
a company because of an accident might use any evidence
of violations against it.
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