Drug testing, for the O/O taking a break from the business.

Are we talking about O/O with authority or being leased onto someone

 

You would have to de-activate your authority which involves mailing or faxing a new updated copy of the MCS-150 form to FMCSA. Be sure to check the box that says "out of business or out of motor carrier operations". At that point then you would not be subject to DOT standards or drug testing as long as you don't have any other operations like a brokerage or extra drivers.

 

You have CDLS right and in the event something was to happen your the only driver to take over and you are the owner of the company I assume? Then yes you are subject. My dad is the owner of our company but we did it to where he is just An Owner no CDL. I am the driver and the one subject to drug test

 

No, if a company driver left and pursued other employment or did whatever they did without being in a safety-sensitive position, they do not have to be drug tested. Upon returning to driving, they would be subjected to pre-employment and random drug testing.

Is there a regulation that you can show for that? The way I understand it if you have a driver working for you and you do not want to drive, you want to manage etc.etc if you do not put yourself in the pool then you are not eligible to drive.

If the owner understands that and under no circumstances does he drive why would he have to be part of a Consortium? Now if he wanted to be the spare driver in case something happened, then absolutely he would be subject to testing.

Like I said, if there's a regulation that you could show that would clear things up.

 

Read regulation 382.305
Here is the question and the answer.
Question 2: What are the employer’s obligations, in terms of random testing, with regard to an employee who does not drive as part of the employee’s usual job functions, but who holds a Commercial Driver's License (CDL) and may be called upon at any time, on an occasional or emergency basis, to drive?

Such an employee must be in a random testing pool at all times, like a full-time driver. A drug test must be administered each time the employee’s name is selected from the pool.

My dad is 70 and retired with type 2 diabetes who takes insulin so he doesnt have CDL. He is the owner of the company who doesnt have a cdl nor does he do any work, so he is not subject to drug testing. He also does not draw a paycheck from the company because he gets retirement.

I have a cdl so If I set out on the side lines but still work here and there as a dispatcher or something then yes I am subject to drug testing in the event something were to happen or if I was to be called upon.