Fines for not having pre-employment drug testing and randoms

Discussion in 'Trucker Legal Advice' started by Ben Grinev, Nov 29, 2017.

  1. Ben Grinev

    Ben Grinev Light Load Member

    174
    54
    Feb 8, 2016
    0
    So our company is in a situation where we were audited and we did not have pre employment drug test and random drug testing. What do you think the fines will be?

    I am not looking to justify the reasons why 'we didn't know' and why we did not have this in place, too much to explain. I am just looking to see if someone was in this kind of situation and how much fines were placed on you, or what you would think the fines would be. We ARE working currently to fix the violations.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Brandt

    Brandt Road Train Member

    4,071
    5,360
    Sep 17, 2012
    0
    Let's us know, it probably depends on if your a new company and it really an honest mistake. If it looks like you were just ignoring the law to get drivers and have lots of bad inspections.

    That a pretty serious violation I would think but it probably depends on a lot of different things
     
  4. Ben Grinev

    Ben Grinev Light Load Member

    174
    54
    Feb 8, 2016
    0
    Old company, have been around since 2005. We never had anyone leased or work for us till 3 years ago
     
  5. Brandt

    Brandt Road Train Member

    4,071
    5,360
    Sep 17, 2012
    0
    I'm a driver and don't know the office side of things. I know it a requirement. So if your fixing the problem they probably cut some slack.
     
    Last edited: Nov 29, 2017
  6. gokiddogo

    gokiddogo Road Train Member

    8,781
    14,753
    Mar 5, 2012
    Ontario Canada
    0
    What triggered the audit?

    No drug testing in place is a big no-no. If I were you I would immediately get into a drug consortium program and also drug test all your drivers asap. This is one of those things they can even put the authority on hold or even revoke it. You want to appease them at this point. They will say a company in business since 2005 should know better.
     
  7. Ben Grinev

    Ben Grinev Light Load Member

    174
    54
    Feb 8, 2016
    0
    Yes we are already compliant with the random drug testing. You think we should drug test all of the people who drive for us even if they're already enrolled in our random pool?
     
  8. wore out

    wore out Numbered Classic

    14,343
    173,984
    Jun 5, 2013
    CHASIN THE DEVIL'S HERD
    0
    It was my understanding from when they done my new entrant audit that not having drug testing in place was an OOS type deaI.
     
  9. gokiddogo

    gokiddogo Road Train Member

    8,781
    14,753
    Mar 5, 2012
    Ontario Canada
    0
    I would absolutely drug test all drivers immediately. That will hopefully show the fmcsa you are on the straight and narrow and are taking this seriously. It will show you have taken corrective action for moving forward. I think if you do not do this - your autbority is on the line ....
     
    Snailexpress, misterG and wore out Thank this.
  10. Ben Grinev

    Ben Grinev Light Load Member

    174
    54
    Feb 8, 2016
    0
    Ok well I am working with a compliance specialist team and they are helping with these issues.
     
    NavigatorWife Thanks this.
  11. tlalokay

    tlalokay Medium Load Member

    472
    771
    Jun 3, 2014
    El Paso, TX
    0
    There's no way a carrier does not know that PE and random drug testing is required.

    TR is going light on the OP. Every time we get a driver on here talking about how he did this or that weeks before his drug test, he gets the 3rd degree. Now we have a carrier say they didn't know about drug testing requirements and you guys gloss over it?
     
    Steel Dragon Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.