Random Drug Test for an independent O/O

Discussion in 'Ask An Owner Operator' started by TallJoe, Jul 21, 2021.

  1. TallJoe

    TallJoe Road Train Member

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    This is tricky. Way different from the procedure where you're leased on or a company driver.

    If you happen to let yourself be officially notified by your consortium, there is no recourse, you have to proceed to a facility to take the test.

    Depending on your consortium instructions the time window can be more or less restrictive.
    For example, OOIDA gives you 24 hours, others my give 12 or even 32.

    Letting yourself notified is the key thing.
    You want more time so that you can finish your tight time trip or perhaps go back to home location, use your prudence and answer the message when you sure you ready. Of course, at some point the consortium will call you for the last time, perhaps at that point leave the last message and if you don't test then you will default to the status of refusal.

    When you're leased on, the notification from the consortium goes to a safety manager who, depending on circumstances, may or may not informe you right away. I think they have 30 days.
    An independent o/o is a safety manager by default and such leverage does not exist.
    The only thing you can do is stall answering your emails or phones from the drug consortium but each consortium has their limits too.

    E.G.
    I opened the email yesterday, called the consortium about it and therefore triggered the time window to perform the test. I had to find a facility along the route. This time was easy but not always it may be.
     
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  3. xsetra

    xsetra Road Train Member

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    As a company owner, anyone who qualifies can be your safety manager.

    Some consortiums mail the request.
    Then you can open when you get home.
     
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  4. baha

    baha Road Train Member

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    I was picked and given a route to go to testing place had a 13/4in hi. load on trailer when 3/4 of a mi. from testing site I came to a 10ft rr bridge with enough room on each side of 2 lane rd. to turn around so I got headed back and pulled on side of rd. so next truck had room to turn around, I walked down the road to testing place and had a testing kit with paper work with co. name and address filled out , so I got to go right in and empty my pockets in a locker and took care of test, a lot of drivers were getting their 1st tests to get hired on to a trucking co. in town waiting with me sitting in wooden chairs talking about how much they were going to be making a week, the lady told me not many were passing phy. because of new tests they were doing for snoring, when I got back to my truck they were trucks parked on side of road pulling 53ft. vans so their was no way to get out but I was on side of rd. headed back to the big rd.
     
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  5. TallJoe

    TallJoe Road Train Member

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    I find the testing organizational procedure rather ineffective.
    It prompts an independent for an immediate action but a carrier with many drivers can effectively control their 'who and when' tactics.
    I am 100% confident that the most drug and alcohol abusers are to be found in the leased on or company driver pool.
    That's not only because they have less to lose but also, as it is, more room to hide.
    The draws should be by name and 15 days given.
    If on vacation, then do the test when return but can't drive a CMV before it.
     
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  6. Rideandrepair

    Rideandrepair Road Train Member

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    I was under the impression from the beginning that a DER was needed. Designated Employee Representative. My wife is my DER, for the consortium. She gets a letter, has to schedule an appointment for me, within 30 days. Must right before or right after, or during On Duty time. She has to call, and schedule the test, before notifying Me. She also has a file for her Designation papers. It needs to be a separate file, not accessible to myself. It stays in a locked drawer in our filing cabinet. To be in compliance should I ever get audited.
     
  7. TallJoe

    TallJoe Road Train Member

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    Good information!
    Thanks.
    But does it mean I need to hire my wife so she's an official employee?
     
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  8. xsetra

    xsetra Road Train Member

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    If she is part owner of company, no.

    I don't think the dot is concerned about the payment system you have. Just that you have a layer between the driver and the consortium.
     
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  9. Rideandrepair

    Rideandrepair Road Train Member

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    8AA0BDCE-A367-4E8E-937B-B2EFD54EA3CE.jpeg
    My wife works for free, Lol. No She doesn’t need to be on the payroll. But there a tax advantage of sort I’ve heard about. Not good on tax stuff myself. But I think it’s possible to pay her $2000 a year, or some amount, without needing to do an actual payroll or paying her SSI taxes. Something like that. I’ve never really looked into it. But I think if it’s true, and if She puts the $2000 or ? the allowed amount, into an IRA. Might be a double tax advantage loophole. If it’s true, and I’d started doing that 25 yrs ago. Wife would have an account safe from bankruptcy, and it would have added up very well by now. Here’s an example of the letter She receives. Probably the same letter you got. It spells everything out. Apparently there’s been a NEDD notice regarding 49 CFR 382. Must just be an affirmation of regulations. I’ve never had a problem, except once, when She has been sick.We forgot and waited too long. They gave Us a pass, but warned next time I would be reported as a Refusal. OOPS!!
     
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  10. Rideandrepair

    Rideandrepair Road Train Member

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    I don’t think it matters, My wife isn’t Officially on my Corporation Papers. She’s signed confirmation sheets in the past as VP. But that’s not accurate. I don’t think it matters who the DER is. Family, neighbor, friend, whoever. They just need to be on file with the Consortium as the DER. Also some Legal information spelling out their Responsibilities, all kept in a file not accessible by a Driver. Basically all requests and Contact from Consortium goes into her file. Results from Tests. Driver gets his copy at test site. Driver must be contacted first, for positives, same as any Big Company. The DER is key to being compliant. The loophole says Consortium must be contacted by DER or Motor Carrier. Regardless of who contacts the Consortium, ( Dispatch, Safety) the request is supposed to be from the DER. I’m Dispatch and Safety, and Driver. Being Driver rules Me out. It’s tricky, key is keeping 2 separate files. Left hands not supposed to know what the right hand does. Basically you need to treat yourself the same as a Driver you’ve hired.
     
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  11. staceydude

    staceydude Medium Load Member

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    My last random gave me like 30 days to report. I called in and scheduled it, was then told the place it was scheduled the pee test lady was gone for the week. So I had to reschedule at a different place. It was for the next day and the lady at pee test acted like I stole a corvette and banged 15 hookers full of blow before I arrived and was acting like I had purposefully skipped a day. I said look at the paperwork… she was shocked I had so much time. I was as well.
     
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