Saturday, March 14, 2009

D.O.T. Drug Testing Rules

§382.603 Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The supervisors who determine whether reasonable suspicion exists to require a driver to undergo testing under §382.307 must complete this training. Training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required. The auditor, Pathos tells us, will surely look for conformation of the required training. When a RC test has been performed - the Auditor will verify that the party making this decision to have the test done had fulfilled the training requirement before making this call.

§ 382.305 Random testing. Every employer shall comply with the requirements of this section. Every driver shall submit to random alcohol and controlled substance testing as required in this section. The minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions. (This is mode dependent) The minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions.( This is mode dependent). The FMCSA Administrator’s decision to increase or decrease the minimum annual percentage rate for alcohol and substance testing is based on the reported violation rate for the entire industry. The new minimum annual percentage rates for random testing will be applicable starting January 1 of the calendar year following publication in the FEDERAL REGISTER. The selection of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with drivers’ Social Security numbers, payroll identification numbers, or other comparable identifying numbers. all those selected must not be warned in advance and must report directly after being given the order. The auditor will review your rosters, confirm that all percentages are on the money and all your covered persons are in the pool.