Commercial Drivers and Drug Testing – Pt. 1
The Department of Transportation enacted the Controlled Substances and Alcohol Use Testing and Education program to help organisations protect the general public against drivers who use controlled substances during their work. We are going to discuss the act in two parts. This particular part will focus on the actual regulations and who will be subject to the act. Part 2
Nationally, drivers must meet the following:
·.04 is the maximum blood alcohol level for individuals driving a commercial motor vehicle.
· The motorist cannot have any non-manifested (listed) drugs or alcohol in his vehicle.
· No on-duty use of drugs or alcohol is allowed, including avoidance of use within four hours prior to operation or 8 hours following an automobile accident.
· Cannot refuse either a random or post-accident drug or alcohol examination.
Commercial Motor Vehicle Definition – Under the rules, a commercial motor vehicle is one that has a gross combined weight (GCW) greater than 26,000 lbs.; that is made to carry 16 or more passengers (including driver); or which is used to transport dangerous materials.
Persons Subject to the Act – Any person who operates a commercial motor vehicle is required to follow regulations. Affected persons consist of, 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 a employer who operates a commercial motor vehicle at the direction of or with the agreement of an employer. It is essential that companies be aware that any person who operates a commercial automobile has to 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 consist of a wide variety of tasks for instance:
· 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 medications. Screening has to be performed prior to providing employment, within a particular time after an accident, and at random times. If justified, screening can be ordered for a motorist. Yet, that can only take placed if a trained person has a reasonable suspicion that the motorist is affected by drugs or alcohol.
