Drug testing pre and post cdl

First No he can not get hired without submitting to a Drug/alcohol test. I'd start posting quotes, except it's covered in several parts. One place to start is FMCSA Part 392. It's even written as such that if your an I/O, ie; own your own company, and your the only one, that you must do random testing. It requires that Employers must test, and that they can not allow someone to operate sensitive equipment until they pass a test. They refer to it as Standing down.

Now one thing that I find interesting along the lines of getting a CDL without passing a D/A test, is the wording seems to address employers being required to test. So far I haven't found anything that says you must pass one before being issued a CDL. In support of that, earlier this year I attempted to get my CDL without any schooling. I did not have to had passed a D/A test.

Now where this comes into play, is for most CMV jobs, you need a DOT medical. That is the first time that you must submit to a D/A test. So taking this further, DMV is moving to the newer CDLIS system, where you're DOT Med information will be part of your CDL. The DMVs have been and are continuing to move to get this integrated, and are requiring you to have a valid DOT MED before they issue your CDL.

So based on the latter, while it is not to be fully in force until Jan 31, 2012, yes you do need to submit to and pass a D/A test to obtain a CDL, at least after the first of next year.

 

We are talking today..............

Try staying on subject.........

 

Well based on today a pre-employment drug test is required of anyone applying for a "safety sensitive position" such as driving. When I started my trucking company I had to test myself before I could hire myself, it was part of the application for employment. I also had to join a consortium to submit to random drug testing. When you take your physical however they are not required to test you for drugs,although most companies have them do it anyway. They want to catch a liability like this as quick as possible.

 

I was and am.

 

Not trying to be mean but in this job one bad choice could haunt a lot of people for the rest of their life. When navigating 80,000 pounds of equipment down the highway at 60+ mph with cars that don't understand basic physics and stopping distances impaired judgement is a huge risk. I have only been driving for about 4 months and have already had more than one time in which I had to make split second decisions, being under the influence of anything puts your life as well as others life and property in unnecessary danger.

 

On the subject of drug testing.

49 CFR Part 382 covers who must be tested and when.

And 49 CFR Part 40 - Federal Motor Carrier Safety Regulations covers how the testing must be conducted.

Just FYI, here are some excerpts from 49 CFR Part 382

382.101 - 382.121 Subpart A - General

§ 382.101 Purpose.
The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

§ 382.103 Applicability.
(a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to:
(1) The commercial driver's license requirements of part 383 of this subchapter;
(2) The Licencia Federal de Conductor (Mexico) requirements; or
(3) The commercial drivers license requirements of the Canadian National Safety Code.
(b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.
(c) The exceptions contained in §390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in § 390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section.
(d) Exceptions. This part shall not apply to employers and their drivers:
(1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or
(2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or
(3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:
(i) Operators of a farm vehicle which is:
(A) Controlled and operated by a farmer;
(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
(C) Not used in the operations of a common or contract motor carrier; and
(D) Used within 241 kilometers (150 miles) of the farmer's farm.
(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.

§ 382.105 Testing procedures.
Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part.

§ 382.109 Preemption of State and local laws.
(a) Except as provided in paragraph (b) of this section, this part preempts any State or local law, rule, regulation, or order to the extent that:
(1) Compliance with both the State or local requirement in this part is not possible; or
(2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part.
(b) This part shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees, employers, or the general public.

Subpart B - Prohibitions

§ 382.215 Controlled substances testing.
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having actual knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.

382.301 - 382.311 Subpart C - Tests required

382.301 Pre-employment testing.
382.303 Post-accident testing.
382.305 Random testing.
382.307 Reasonable suspicion testing.
382.309 Return-to-duty testing.
382.311 Follow-up testing.

So, while you don't have to pass a drug test to get a CDL, you do have to pass a drug screen to actually be hired. In fact, you must pass a Pre-employment screen BEFORE you can be HIRED. A post accident test anytime you're involved in an accident involving a "nurse, hearse, or tow", and will face a "random test" (companies must randomly test 50% of their employed drivers each year for drugs and 10% for alcohol) and may encounter a "reasonable suspicion test", a "return-to-duty test" or "follow-up test" at some point in your career.

I administered drug/alcohol testing policies for multiple DOT regulated companies for YEARS as a TPA (Third Party Administrator).

And anyone who says that you don't have to pass a drug screen to be employed as a commercial truck driver driving equipment requiring a CDL doesn't know what they are talking about, PERIOD.

 

Drug testing is not a part of a DOT physical. While drivers often get a pre-employment test from the same clinic where they get their DOT physical, it's technically not a part of a DOT physical.

The only thing involving urine in a DOT physical is the test to see if you have excess protein or sugar in your urine to determine if you're a diabetic, etc.

Totally different parts of the regs cover the drug and alcohol testing.

49 CFR 382 and 49 CFR 40 cover the drug and alcohol testing.

CFR 49 Part 382 covers who must be tested and when and CFR 49 Part 40 covers how the specimens must be collected and tested, etc.

 

My son-in-law (Who I never ever approved) failed. He told them he had a drug problem, and they got him help. He went to rehab, came home, reported back to work, retook the test, he past, and then failed again a week later.

He found another driving job that same week (CLASS A CDL). Just how he pasted the drug test is a mystery to me. This kid is the dumbest and luckiest guy I know. He pulled a vacuum truck. He now is incarcerated, and guess who takes care of the grandchildren?

 

Thanks, I knew it was there somewhere. I was going through them trying to find the ones that were applicable, but didn't think about 49CFR382 or 40. Loosing my touch.. Years ago in my LEO days I go skim and read through statues and case laws to find what I needed to.