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  1. #1
    Medium Load Member The Gryphon's Avatar
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    DOT Drug and Alcohol Testing - Decoded!

    I'm starting this thread to answer questions and address misinformation and myths surrounding the DOT Drug and Alcohol Testing (CFR 49 Part 40 and CFR 49 Part 382) Program.

    CFR 49 Part 382 covers who must be tested and when as well as the handling of the results and the record keeping requirements.

    CFR 49 Part 40 governs the collection and testing of specimens, the responsibilities of the employer, collector, lab, MRO (medical review officer) etc. and what substances are tested for and the cut-off levels for a positive.

    As one who spent a number of years in this industry working for the nation's 2nd largest employee screening services company where I managed both DOT-regulated and non-DOT regulated drug and alcohol testing programs for some of the nation's largest companies, I'm offering my expertise to those with questions in the area of drug and alcohol testing as well as the administration of drug and alcohol testing programs.

    I've been a DOT certified Breath Alcohol Technician as well as a certified collector of urine, hair (non-DOT), and oral fluids (non-DOT), certified by the nation's largest SAMHSA-certified laboratories.

    Anyone who wishes to submit a question to me privately, please feel free to PM me here and I'll be happy to answer your question as soon as I can.

    As one who is just entering the industry as a student driver, this is my small way of trying to give back to TheTruckersReport.com forum users that have been so helpful to me in starting my new career.

    So, post your D&A (Drug and Alcohol) questions here and let's make this thread popular enough to get "Docked" so everyone can see it and know where to come for legitimate answers to their D&A questions.

    Looking forward to sharing whatever knowledge I have with the rest of the community!


  2. #2
    Medium Load Member The Gryphon's Avatar
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    Thanks for the thanks! Hopefully people will start posting their drug/alcohol questions here so we can generate enough posts to get "docked" so we'll be more easily found!!

  3. #3
    Master FMCSA Interpreter GasHauler's Avatar
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    It's good to see a solid reference instead of people guessing. However, you know why all the questions get asked is from someone that has something to worry about. When the program started there were plenty of screwups that could cost a driver his or her career. I've seen lost of custody so many times I'd stop right there and call the boss. Only my experience from the military kept me from some bogus testing. We even had one driver that set off the alcohol sniffer at the scale house because he just got done loading a tanker full of gasoline with ethanol in it. But back then everyone wanted to jump at the positive results and crucify the guy. Luckily, the program has settled down and the testing is becoming almost 100% reliable. It's just the drivers now that need to learn. So I'm glad you're here and maybe you can put some fears to rest.

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  5. #4
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    Is it OK to smoke weed during a 34 hour reset?

    Oh um, I have glaucoma ; )

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  7. #5
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    Quote Originally Posted by U4EA View Post
    Is it OK to smoke weed during a 34 hour reset?

    Oh um, I have glaucoma ; )
    As long as you have glaucoma, or another condition that requires you to medicate with marijuana during a reset it's ok. So if you have conditions like, bored, tired, lazy, just wanna get stoned, or fibromyalgia go for it.

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  9. #6
    Medium Load Member The Gryphon's Avatar
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    Quote Originally Posted by GasHauler View Post
    It's good to see a solid reference instead of people guessing. However, you know why all the questions get asked is from someone that has something to worry about. When the program started there were plenty of screwups that could cost a driver his or her career. I've seen lost of custody so many times I'd stop right there and call the boss. Only my experience from the military kept me from some bogus testing. We even had one driver that set off the alcohol sniffer at the scale house because he just got done loading a tanker full of gasoline with ethanol in it. But back then everyone wanted to jump at the positive results and crucify the guy. Luckily, the program has settled down and the testing is becoming almost 100% reliable. It's just the drivers now that need to learn. So I'm glad you're here and maybe you can put some fears to rest.
    I hope that folks will post here. I'm the first to admit that I don't know everything about anything, but I have encountered most drug and alcohol testing scenarios when I worked as a TPA and collector, BAT (breath alcohol technician). And if I don't know, I do have a good idea where to look in the regs and will be happy to do so.

    You're right about the programs. Just like many things, they've gotten better and better over time. Today's programs are very fair and very accurate.

  10. #7
    Light Load Member andy's Avatar
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    Alright so here is a question. If a driver gets off say at 5, goes home and has 3 or 4 or 5 beers, will they blow a positive the next morning say if they're done drinking by 9 or 10pm? I don't drink during the work week but I think it's a fair question. Thanks.
    Last edited by andy; 11.22.2011 at 09.41 PM.

  11. #8
    Medium Load Member The Gryphon's Avatar
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    Quote Originally Posted by Meltom View Post
    As long as you have glaucoma, or another condition that requires you to medicate with marijuana during a reset it's ok. So if you have conditions like, bored, tired, lazy, just wanna get stoned, or fibromyalgia go for it.
    Not sure if you're kidding with the previous poster or not.

    But just in case: That's not correct.

    Marijuana is still illegal at the federal level. So, technically all these states that have "medical marijuana laws" in place are in violation of federal law as federal law still fails to recognize that smoking marijuana has any "valid medical use", etc.

    In my prior experience, the ONLY "valid medical reason" for the presence of THC in a donor's urine would be if they have a current, valid prescription for a drug called Marinol, which is basically THC in a pill form. Marinol is typically prescribed to cancer patients.

    Now I do realize that there have been people who have smoked marijuana for medical reasons, and in fact have been provided it by the federal government, for years. In fact, I live just a few miles from the only legal grow operation run by the US government. That operation is run by the University of Mississippi and that is the source for the marijuana that the government provides to those handful of patients who do receive it.

    However, DOT makes no exception for those uses.

    Here's the link to their opinion on medical marijuana: http://www.fmcsa.dot.gov/rules-regul...aspx#question1

    It reads:

    1. Can a driver be qualified if taking prescribed medical marijuana?


    No. Drivers taking medical marijuana cannot be certified.

  12. #9
    Medium Load Member The Gryphon's Avatar
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    Quote Originally Posted by andy View Post
    Alright so here is a question. If a driver gets off say at 5, goes home and has 3 or 4 or 5 beers, will they blow a positive the next morning say if they're done drinking by 9 or 10pm? I don't drink during the work week but I think it's a fair question. Thanks.
    It is a fair question and one that impacts a LOT of folks.

    There are a couple of variables involved in that scenario that weren't provided.

    How much does the driver weigh?

    What time did they start drinking and what time did they have their last beer?

  13. #10
    Road Train Member CondoCruiser's Avatar
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    Quote Originally Posted by Meltom View Post
    As long as you have glaucoma, or another condition that requires you to medicate with marijuana during a reset it's ok. So if you have conditions like, bored, tired, lazy, just wanna get stoned, or fibromyalgia go for it.
    Medical mariquana is on the DOT medical disqualifying list. List is so long, I clipped the pertinent info.


    http://www.fmcsa.dot.gov/rules-regul...qQ=#question77
    What medications disqualify a CMV driver?
    A driver cannot take a controlled substance or prescription medication without a prescription from a licensed practitioner.
    If a driver uses a drug identified in 21 CFR 1308.11 (391.42(b)(12)) or any other substance such as amphetamine, a narcotic, or any other habit forming drug, The driver is medically unqualified.
    http://edocket.access.gpo.gov/cfr_20...cfr1308.11.htm
    [Code of Federal Regulations]
    [Title 21, Volume 9]
    [Revised as of April 1, 2003]
    From the U.S. Government Printing Office via GPO Access
    [CITE: 21CFR1308.11]

    [Page 82-85]

    TITLE 21-FOOD AND DRUGS

    CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE

    PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES--Table of Contents




    (19) Marihuana......................................... .......... 7360

    (d) * * *
    (27) Tetrahydrocannabinols--7370
    Meaning tetrahydrocannabinols naturally contained in a plant of the
    genus Cannabis (cannabis plant), as well as synthetic equivalents of the
    substances contained in the cannabis plant, or in the resinous
    extractives of such plant, and/or synthetic substances, derivatives, and
    their isomers with similar chemical structure and pharmacological
    activity to those substances contained in the plant, such as the
    following:
    1 cis or trans tetrahydrocannabinol, and their optical isomers
    6 cis or trans tetrahydrocannabinol, and their optical isomers
    3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
    They spelled marijuana wrong..... technicality

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