Drug testing and HOS question?

The logging part is the easy part. The carrier can make the changes on the ELD. Once the driver returns to work, the ELD device will prompt him to approve the changes made to his logs. By the way, it used to be that the carrier could just make a change on the logs without the driver’s approval. The law has changed.

 

It’s a simple edit. And changing from off duty to on duty not driving while noting why in the remarks won’t get the attention of an officer.

 

This is their escape route to put it on the employer. One could argue that it is up to the employer and employee to have a plan in place prior

“If the employer’s policy or practice is to notify drivers while they are in an off-duty status, the employer should make that policy clear to all drivers so that they are fully informed of their obligation to proceed immediately to a collection site.”

 

This is high priority audit item, matching drug tests to logs. Chance of an audit at a decent company is small, but if involved in a major crash (doesn't have to be drivers fault) lawyers will come looking for little stuff like this to prove a pattern of negligence on the driver and company. It's not hard at all to do things right the first time and CYA.

 

And easy to catch.

 

Off Duty means all the way off duty at home.

In my later years all communications were face to face or satellite. Landline was eventually removed from the house as was the cell after a broker abuse one day.

Since I was only called in twice for testing random its a non issue in my time.

DOT regulations give the carrier a way to set my name aside until I return to duty, if they met me at the yard with a cup to fill so to speak then fine. No problems.

In Arkansas many employees take off and are essentially impossible to find until the time off is finished on monday morning.

Finally but not last, there is some alcohol on the cabinet from time to time. To be called off duty at home for drug testing will essentially eliminate yet another driver from the industry. There is no law that bans drinking at home. If they did implement the result would be the same.

 

The remark of the off duty status is what determines if it’s home time or something else. The FMCSA guidance appears to be referring to all off duty remarks.

 

That is what it usually said, home under there. Home implies total freedom and relief from any and all responsibility for equipment, load and trucking company etc.

The modern ELD stuff does not change my old fashioned attitude. If they want to drug test at the house, they will have to find me first which might not be possible until I get to the yard the morning of the first day back. Even if they did find me, it would be refused with the regulating citing them to set aside the name until I return to duty at the company yard. They can have a bucket if they like but not until then.

 

Somebody has too

 

First off I put myself off-duty if I’m driving and mad as hell for the disruption of my time. Secondly, I’m not going to put that #### on duty for the entire time. I find a place to park when it’s time to take a 30 minute break and do it during that time. If I’m at home on break they can go take a blessing hike. When I get back to work I’ll take their blessing test. You do have a certain time to take it. Good question for a huge company to answer. Most of us like myself probably don’t give a rats ###. It’s a stinking random not like you had just killed someone in a vehicular accident and are running from the scene of an accident.