Drug/Alcohol Testing

There is a thread in here somewhere that this topic has been argued to no end... I still challenge anyone to show me in bold print where it says a driver can not drink while off-duty.

 

Subpart C - Tests required

382.305 Random testing.


(m) A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.

This kinda sums it up. I won't do anything for anyone on my day off....guess thats why the old lady and I fight so much.

 

NEVER answer the phone while off duty IF it says the company name or caller unknown and if you do by accident because you just have to answer no caller id numbers for some reason and it's the company say No ablaenglis or what ever it is and hang the hello up and not answer it again!

Now what have you and anyone else learned?

OFF DUTY means screw the company! Unless they pay crap then answer the stupid phone because you need to go back out or the wife is threatening to duct tape your carcass to the wall until it's time to leave!

If that caller ID says no id then WHY DO YOU ANSWER IT? No, Really, why answer the thing when putting information into the thing is easy? I don't even answer the home phone if it says caller unknown as, well, they are unknown and if it was the lottery calling then it'll say lottery and I'll answer it! All the rest is going to be some stupid survey, a politician calling or a collection agency so if it's blocked then they don't really want me to answer.

We have all learned that the company will NOT have the name put on the phone because they KNOW we won't answer it when off duty, but we're so processed by the phone if it doesn't say who it is we'll answer it like idiots slaved to the thing!

As for them reporting you you have all you need to fight them and that's your federally recognized log book and 382.305 Random testing for the alcohol part.

They also know that it's better to catch you when you get in before you go off duty. If they are so low classed that they call you when you're off duty then when they call you the next morning you'll have to tell them that because you had to go back on duty to take their little pee in the bottle trip" your clock doesn't start until such and such! Really P them off!

Anyway you have the FMCSA on your side for the alcohol test BUT the log book will cover you or should for the drug test. This company you drive for was trying to get you to do this on your time not theirs as in getting loaded. They did NOT have to call you when you were off duty when your name came up in their drawing. They could have waited for you to sign on or call in for your dispatch when your at home time was done!

Just remember quit being a freaking slave to that stupid phone! The world isn't going to end because you didn't answer it!

I don't think where the truck was parked really matters. Off duty is off duty. The location of the truck doesn't matter even if you were sleeping in it on the yard. I'm off duty so leave me the hello alone!And yes I DO hang the QC keyboard out the window if need be! What I can't hear beeping doesn't concern me!

 

Well said,

Bravo !!!

 

Rollover is my hero!

 

Thanks, JJ, for posting the reg.

I seem to get a lot of 'random' drug tests. Don't know about anyone else, but I get tested about once every 2 months.

But, they always do it while I am at a terminal. If I am dropping a t-call, if I am in the shop, and the last time when I was stuck at Memphis for 3 days to take a couple required classes.

But I would never come running in for a test while on home time.

 

Not showing up when notified of a random selection for a drug/alcohol screen is a "refusal to test" which equals a "positive".

Failure to show up = refusal to test = POSITIVE drug screen.

Now as to the alcohol, here's what 49 CFR "382.305 Random testing" says about that:

(l) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.

(m) A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.

Bottom line: You should have gone in for your drug screen.

BTW, don't ASSUME that because you've been identified for a random DRUG screen that you'll undergo an ALCOHOL test. Those are handled separately as there are different selection/testing percentages required and the selections are SUPPOSED to be made separately.

We used a piece of computer software that did all that, so that no person was involved in the selection process once the DOT regulated employee was entered into the software and the percentages set.