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1099 drug screening

Discussion in 'Ask An Owner Operator' started by deathB4decaf, Apr 20, 2018.

  1. Apr 20, 2018 #1
    deathB4decaf

    deathB4decaf Medium Load Member

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    I believe I know the answer to this as a YES, however, my boss would like to know if a CDL driver who is subcontracted (1099 reported) would be included in our DOT drug & alcohol consortium program.
     
    deathB4decaf, Apr 20, 2018
    deathB4decaf, Apr 20, 2018
    #1
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  3. Apr 20, 2018 #2
    DUNE-T

    DUNE-T Road Train Member

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    yes
     
    DUNE-T, Apr 20, 2018
    DUNE-T, Apr 20, 2018
    #2
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  4. Apr 20, 2018 #3
    x1Heavy

    x1Heavy Road Train Member

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    I'll ask one little question.

    Who owns the DOT Number on the side of that truck?

    The Group of Companies? OR the 1099 Owner Operator they hired?

    Whoever owns that DOT number on that DOOR IS responsible for establishing drug testing and compliance etc.
     
    x1Heavy, Apr 20, 2018
    x1Heavy, Apr 20, 2018
    #3
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  5. Apr 20, 2018 #4
    deathB4decaf

    deathB4decaf Medium Load Member

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    Perfect! The group of companies does own the DOT number.

    We have one driver who is great. He is 1099 and assumes that he does not need to be included in these things. I try and have answers for him from people whom he will respond well to and respect. I'm an office person and while we respect each other, I have not traveled in his truck driving shoes.

    I appreciate your wording on this so I can get this resolved easily. :)
     
    deathB4decaf, Apr 20, 2018
    deathB4decaf, Apr 20, 2018
    #4
  7. Apr 20, 2018 #5
    nightgunner

    nightgunner Road Train Member

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    Any and all persons who are eligible to drive even office Personnel are required to be in the pool.
     
    nightgunner, Apr 20, 2018
    nightgunner, Apr 20, 2018
    #5
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  8. Apr 20, 2018 #6
    Ridgeline

    Ridgeline Road Train Member

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    Nightguner said it right, everyone who is eligible to drive has to be in the pool.

    BUT I will take this a little further.

    it doesn't matter how the guy is paid, if he is an employee or not, they have to have a driver's file with everything as if they are a driver or 1099 or what not. Even temps have to have documentation on file at the company holding the authority.

    There are really no exceptions to the rule.

    I am thinking that he is also claiming he doesn't need to have an app or MVR, but the regs are clear on that issue - everyone does.
     
    Ridgeline, Apr 20, 2018
    Ridgeline, Apr 20, 2018
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  9. Apr 21, 2018 #7
    Bean Jr.

    Bean Jr. Road Train Member

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    That's why trip leasing is not happening. By the time they do the driver file and pre-employment screening, they might as well have hired a permanent driver.
     
    Bean Jr., Apr 21, 2018
    Bean Jr., Apr 21, 2018
    #7
  10. Apr 23, 2018 #8
    Expeditor

    Expeditor Medium Load Member

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    The answer is yes, IF he/she has a CDL and drives a CMV over 26,001 pounds. Under 26k they don't have to be in drug consortium. This was told to me by the DOT that did my entry audit in TN. We had one driver that drove a straight truck under 26,000.

    Edited, 33k to 26,001..... 26k and below no drug consortium. Anything over 26k requires CDL and drug consortium. Sorry for the mix up.
     
    Last edited: Apr 23, 2018
    Expeditor, Apr 23, 2018
    Expeditor, Apr 23, 2018
    #8
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