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Safety Spotlight
Most everybody agrees that random Drug and Alcohol testing works to save lives, prevent injuries, and reduce carrier liabilities. Yet every year, thousands of motor carriers are fined and penalized during FMCSA audits for failing to follow the rules in Title 49 CFR Part 382 (Controlled Substances and Alcohol Use and Testing). Why?
There are a lot of them, and they’re confusing. The number one reason why carriers are cited? You guessed it, failure to implement a random alcohol and/or drug testing program, and/or one that uses a scientifically valid method.
The FMCSA regulations require that you develop a written policy on controlled substance use and alcohol misuse in the workplace and that the policy be provided to every driver. §382.601 identifies the required content of the materials to be made available to each driver and requires the employer to maintain a statement signed by each employee certifying receipt of the policy/educational materials.
So how do you know if you’re actually using a scientifically valid method? In order to prove that your method of testing is actually scientifically valid, the FMSCA recommends the following best practices on who, when, and how to test.
1. Employees about to perform, who are performing, or who has just performed a safety-sensitive are part of the DOT random pool(s). Make sure you refresh the pool immediately before a screening period to include everybody in this group and exclude those who are not.
2. Select and test on a quarterly basis.
3. Spread testing dates reasonably through the year in a non-predictable pattern. Enhance the non-predictability of your program by conducting tests at the start, middle, or end of each shift on both workdays and weekends.
4. Since your safety-sensitive employee population varies throughout the year, increase your testing numbers to stay safe. Just remember to spread it equally throughout the year to make it work.
5. Ensure that you provide privacy for each employee during the notification and testing process.
6. Use a random-number generator that is traceable to a specific employee.
7. Document. Document. Document. Do not wait until the end of a selection period to reconcile testing, this should be done on an ongoing basis (daily or weekly). Track numbers, names drawn, dates and times of the notification and specimen collection, the reason a selected employee was not tested, and whether another selection was made in his/her place.
It’s not uncommon for an employee to be selected several times in a row (while another employee has never been selected), leading some drivers to feel singled out. This happens because a driver isn’t removed from the pool simply because he’s been selected previously. This keeps the selection process truly random (i.e. scientifically valid).
The bottom line, when you keep detailed records of your program, you’re more likely to come out on the upside when challenged in court.
Additionally, employers must provide training to all persons who supervise drivers subject to the regulations, in accordance with §382.603. The purpose of this training is to enable supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing described in §382.307. It must include at least 60 minutes of training on alcohol misuse and 60 minutes on controlled substance use (120 minutes total).
The NATMI Safety and DOT Compliance course conducted by the Association fulfills the DOT’s mandatory requirements for Drug and Alcohol Testing and Reasonable Suspicion training for supervisors. Look for the course announcements and if you have someone in your company who needs supervisor training, let’s get them signed up for the course.
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