68
RISKMANAGEMENT
ACT
MAY 2014
Do I need to havewritten
policies that explainmy
program?
Yes. TheDOT requires employers tohave
policies inplace that fully explain their
drug and alcohol program.Not onlymust
youhavepolicies, but youmust alsomake
them available to employees covered
under yourDOTprogram.
Can I havemy own company
testing program in addition to
my dot testing program?
Yes.Under anon-DOTprogram, you
could test for other drugs of your
choosing.NorwouldDOTprohibit you
fromusingnon-urine specimens under
yournon-DOTprogram.However, you
wouldneed to followPart 40 and the
appropriateDOTAgency regulations and
totally separate yourDOT testing from
yournon-DOT companypolicy testing.
For example, if you conductDOT and
non-DOT tests of an employee following
an accident, youmust ensure that the
DOTurine collection for drugs andDOT
test for alcohol are accomplished first.
Thenyouwould let the employeeknow
theDOTportionwas completed and that
youwill nowbe conducting a company
policy test. In addition, youmust not use
theFederalDrugTestingCustody and
Control Form (CCF) or theDOTAlcohol
TestingForm (ATF) for yournon-DOT
testing. Youwouldusenon-Federal and
non-DOT forms.
■
REGULATORYUPDATE
On February 12, 2014 the FMCSA announced a proposed rule to establish a national drug
and alcohol clearinghouse for all CDL drivers. The proposed rule would create a national
database for controlled substance and alcohol test result information for CDL holders
and establish guidelines for reporting, accessing, maintaining, updating, removing and
releasing information from this database. In addition, the proposed rule would require
employers to conduct pre-employment searches for all newCDL drivers and annual
searches on current drivers utilizing this repository.
The drug and alcohol testing rules are oftenmisunderstood andmisapplied by fleet
management and every year, thousands of motor carriers are cited and fined during
FMCSA audits (compliance reviews) for failing to follow the rules in 49CFR Part 382.
In addition, not clearly understanding the regulationsmay have legal implications if a
driver’s rights are violated or someone is injured in an accident involving a driver not
tested according to the rules. It is vital to operating a safe and profitable company that
you and your employees understand and apply the drug and alcohol testing regulations
appropriately.
■
For additional information on Controlled Substance and Alcohol Compliance and/or
the NBISRiskManagement Support System please call: 770.257.1111, or
email:
Where can I get a copy
of Part 40?
Get a copy of Part 40 by contacting
the ODAPC’s office at 202.366.3784
or from theirwebsite at:
.
FORMORE INFORMATION
CALL (703)698-0291OR
VISITWWW.SCRANET.ORG
SC&RAhasmore than1,300
membercompaniesacross theglobe in
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