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DOT
Compliance Programs
Drug
Testing Network provides management of DOT Compliance
Programs to ensure that our clients meet all the
requirements set forth by the DOT.
The
six agencies under the DOT umbrella (FMCSA, FAA, FTA,
PHMSA, USCG, FRA) all have different compliance
requirements therefore, our staff of trained
professionals maintains current with the changes in the
regulations as they pertain to each particular agency.
Request Information Packet
Department of Transportation
Testing Programs
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Types
of Tests:
Pre-Employment Drug Testing:
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The
increased danger of working in an environment where drug
use may be present has led to a growing acceptance of
pre-employment drug testing. In general, courts have
approved testing at the application stage (even with
collective bargaining agreements in place) because
testing is consensual. Employers have a legitimate
interest in not hiring individuals whose drug abuse may
render them unable to perform satisfactorily on the job
and the testing is directly related to the ability to
perform the job.
DOT regulations state that; prior to the
first time an individual performs
safety-sensitive functions for an employer,
the individual shall undergo testing for
controlled substances as a condition prior
to being used. No employer shall allow an
individual, who the employer intends to hire
or use, to perform safety-sensitive
functions unless the employer has received a
controlled substances test result from the
MRO or C/TPA indicating a verified negative test result
for that individual.
Pre-Employment Alcohol Testing:
None
Required.
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Random Drug & Alcohol
Testing:
DOT
employers are responsible for conducting random,
unannounced, drug & alcohol tests. The total number of
random tests conducted each year varies between
agencies. The goal of random testing is to
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Discourage substance use and abuse by making
testing unpredictable
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Identify current substance users and abusers
Below
are the current annual testing rates for each agency
under the DOT.
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Post-Accident Drug &
Alcohol Testing
As
soon as practicable following an occurrence involving an
accident, each employer shall test for drug & alcohol
for each of its surviving employees who were performing
safety-sensitive functions. The criteria for post
accident testing varies within each agency regulated by
the DOT and employers should refer to their particular
regulatory agency for guidance.
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Reasonable Suspicion Drug Testing
An
employer shall require an employee to submit to a
controlled substances test when the employer has
reasonable suspicion to believe that the employee has
violated the prohibitions concerning controlled
substances. The employer's determination that reasonable
suspicion exists to require the driver to undergo a
controlled substances test must be based on specific,
contemporaneous, articulable observations concerning the
appearance, behavior, speech or body odors of the
driver. The observations may include indications of the
chronic and withdrawal effects of controlled substances.
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Reasonable Suspicion Alcohol
Testing
An
employer shall require an employee to submit to an
alcohol test when the employer has reasonable suspicion
to believe that the employee has violated the
prohibitions concerning alcohol. The employer's
determination that reasonable suspicion exists to
require the driver to undergo an alcohol test must be
based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech
or body odors of the driver.
Important Notice: The required observations for drug
and/or alcohol reasonable suspicion testing shall be
made by a supervisor or company official who is
trained in accordance with DOT regulations.
Supervisor training is a DOT mandatory requirement.
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Return To Duty Testing
An employee who has had a positive test either for
drugs or alcohol and has been deemed positive by a
Medical Review Officer (MRO), must submit to a
return to duty test before he/she may be returned to
his/her position to ensure that the individual is
free from drugs or alcohol.
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Follow Up Testing
Because studies have shown that the relapse rate is
highest during the first year of recovery, the
employee returning to duty will be subject to
follow-up testing which is separate and apart from
the random testing obligation. The employee will be
subject to a minimum of six unannounced follow up
drug/alcohol tests during the first year back to the
safety-sensitive function position following the
violation.
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