Controlled substances testing

Those reqvured to comply with the alcohol and/or drug testing requirements of Part 655 (Federal Transit Administration alcohol and controlled substances testing regulations) ... 

An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test and attendant consequences ... 

Drug Testing — An employer may require a driver to submit to a controlled substances test at any time reasonable suspicion exists while a driver is on duty. Observations may include indications of the chronic and withdrawal effects of controlled substances as well as the indications listed above. 

Names and positions of officials and their roles in the employer s alcohol and controlled substance testing program ... 

Refusal to submit to a required alcohol or controlled substances test. 

Specimen validity testing is the evaluation of a specimen (provided for controlled substance testing) to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether ... 

Using a driver who has refused to submit to an alcohol or controlled substances test required rmder Part 382. Single occurrence. 

Question 2 May an employer allow a driver, subject to post-accident controlled substances testing, to continue to drive pending receipt of the results of the controlled substances test ... 

The requirement that a driver submit to alcohol and controlled substances tests administered in accordance with this Part. (7) Your written policy must state that your CDL drivers must submit to alcohol testing as required. You should go further by including language that states any refusal to be tested will be considered the same as a positive test for alcohol. 

An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences. (8) This part of your written policy can be taken right out of the regulations. Your written policy must state what the organization considers a refusal to be tested. For this element, go to the definition of refuse to submit under 382.107, and simply incorporate the nine definitions of refusal into your written policy. In addition, you must state what the consequences are to a driver who refuses to be tested. 

MROs would be required to report aU verified positive, adulterated, or substituted controlled substances test results and any refusal-to-test determinations involving the MRO to the Clearinghouse. 

You must investigate the information required in 391.23(d) from all previous DOT regulated employers that employed the driver within the previous three years from the date of the employment application, in a safety- sensitive function that reqmred alcohol and controlled substance testing specified by 49 CFR part 40. 

Guidance No. However, if a motor carrier accepts such a currently valid certificate from a driver subject to part 382, the driver is subject to additional controlled substance testing requirements unless otherwise excepted in subpart H. 

Faihng to implement an alcohol and/or controlled substances testing program. 

The serious impact of drug use and alcohol abuse has been recognized by the federal government. The Federal Motor Carrier Safety Administration (FMCSA) has issued regulations which require the company to implement an alcohol and controlled substances testing program. 

A written record of the observations leading to an alcohol or controlled substance reasonable suspicion test, signed by the supervisor or company official who made the observation, will be completed within 24 hours of the observed behavior or before the results of the alcohol or controlled substances test are released, whichever is first. 

According to Sec. 382.211, a driver may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substances test required by the regulations. A driver who refuses to submit to such tests may not perform or continue to perform safety-sensitive functions and must be evaluated by a substance abuse professional as if the driver tested positive for drugs or failed an alcohol test. 

All driver alcohol and controlled substance test records are considered confidential (Sec. 382.401). For the propose of this policy/procedure, confidential recordkeeping is defined as records maintained in a secure manner, under lock and key, accessible only to the program administrator. 

Driver alcohol and controlled substance test records will only be released in the following situations ... 

A return-to-duty controlled substances test with a verified negative test result. Discipline... 

Has this person refused to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substance test ... 

NOTE If the driver is required to comply with federal motor carrier safety regulations 382.303 post-accident testing for alcohol and controlled substance testing, advise the driver when the accident is reported. Alcohol testing must be completed according to the DOT S 2-hour and 8-hour rules. Controlled substance testing must be completed within 32 hours following the accident. 

Review this Part of the Department of Transportation regulations for compliance with alcohol and controlled substance testing post-accident requirements. 

Controlled snbstanoe tests. IF a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substances test, and prepare and mmnfaiiii on file a record stating the reasons the test was not promptly administered. Records diall be submitted to the FMCSA upon request. 

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