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DOT
Compliance Programs
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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, RSPA,
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.
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Department of Transportation Testing Programs
Types of Tests:
Pre-Employment Drug Testing:
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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