The Department of Transportation enacted the Controlled Substances and Alcohol Use Testing and Education program that may help employers protect the public against motorists who use controlled substances throughout their work. We will discuss the act in 2 parts. This particular part will focus on penalties, training, recordkeeping and consequences of non-compliance. Part one discusses the actual regulations and who is susceptible to the Act.

Penalties For Failing A Drug Test – A motorist who fails any alcohol or drug abuse test may face the following:

• suspension from performing any “safety functions”

• evaluation given by a “substance abuse specialist”

• extensive records of test results

• retesting of the suspended driver, with passing results (alcohol test with no greater than .02 blood alcohol along with a negative controlled substance test) prior to reinstatement.

• Termination (not a regulation, yet at the discretion of the employer)

Record Keeping Requirements – Employers must preserve complete documents of their drug-testing results for at least five years. Further, a company must maintain a twelve month summary of their screening program that is subject to review by the Federal Highway Administration (FHWA).

Education Required By The Regulations – Motorists must be given training in drug abuse avoidance and be provided a handbook on the organization’s alcohol and drug abuse policy. Manuals have to be acknowledged in writing and it must be maintained on file. Administrators – staff who are authorized to order testing based upon reasonable suspicion of abuse are required to have 2 hours training.

Respecting Employee Rights – Companies should consider:

• Supervisors who order a test under reasonable suspicion need to base his/her judgment on specifics

• Before testing, the driver has to 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 have to truly be random

• Any random test must be given either prior to, during or after performance of an “safety function”

Required Rehabilitation Services – Any motorist 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 that has failed a drug or alcohol test, the driver has to undergo assessment, pass drug testing and be given follow-up tests.

Employers Who Use Independent Drivers – These employers have to periodically verify that the motorists participate in an approved alcohol and controlled substance testing program. The company must secure written evidence that the drivers have been screened 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.

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 will discuss compliance and consequences of non-compliance.

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.