Nationwide Testing Association, Inc., has been an industry leader for over 37 years. We specialize in assisting our clients in creating a cost-efficient, compliant program
Regulations quoted below are from 49 CFR Part 382 Subpart B as pertaining to drivers of commercial motor vehicles regarding controlled substance use.
A pre-employment drug screen is required for driver applicants or current employees transferring to a CDL position. The employer must receive a verified negative drug screen before allowing any employee to perform safety-sensitive duties.
Post accident drug testing is required within 32 hours of an accident where any of the following have taken place:
Medical attention is not to be delayed in order for these tests to be completed. If tests are not completed, the employer must have a reasonable explanation and document accordingly.
An employee is required to submit to reasonable suspicion testing when a *trained supervisor or company official has reason to believe that the employee has violated the prohibitions of CFR 382 subpart. The observations must be based on specific aspects concerning the appearance, behavior, speech, or body odors of the employee and must be documented accordingly.
Subsequent to completing treatment following a positive DOT drug or alcohol test, the SAP will release the driver to the employer and direct that a Return to Duty be conducted before an employee can return to safety-sensitive duties. The Return to Duty test must be collected be a trained collector using DOT’s Directly Observed Collection Procedures. The employer must receive a verified negative RTD test result before allowing the driver to resume safety sensitive functions.
Upon receipt of a negative Return to Duty test, the employer must direct the driver to complete at least 6 unannounced follow-up tests in addition to required random and post-accident testing during the first 12 months back at work after completing treatment. the DOT qualified SAP will provide the employer with a schedule for testing. The SAP may require more than 6 tests for longer than the 12 month period.
Notification
An employee shall report to a collection facility or alcohol technician as soon as possible following notification that a drug/alcohol screen must be taken.
Collection of a urine specimen for the purpose of drug testing must be completed using a federal chain of custody form and a split specimen sample kit. All DOT drug screen collections must be collected by DOT qualified Drug Screen Collectors as required by 49 CFR Part 40.33. The donor must remain at the collection facility until a specimen has been provided. After an adequate specimen has been collected, the collector completes a chain of custody form, prepares the specimen and paperwork for shipment. These specimen collection procedures and chain of custody procedures are in place to ensure the specimen’s security is not compromised.
49 CFR Part 40 sets forth the procedures for drug testing using DHHS certified laboratories. When the specimen arrives at the laboratory, the primary specimen is opened and used for screening. The split specimen is stored at the laboratory. Each specimen undergoes an initial screen. Any specimen found positive by the initial screen must be confirmed by gas chromatography/mass spectrometry (GC/MS) to determine exact levels. Next, the result is reported to the Medical Review Officer at NTA, Inc.
Negative results are received by NTA, Inc. and reported by fax or email to the company’s confidential contacts. All reports are confidential, therefore strict procedures are in place to ensure that only designated company officials receive information regarding test results.
Positive results are processed by NTA, Inc.’s Medical Review Officer following the regulations set forth in 49 CFR part 40. The MRO makes every effort to contact the donor to discuss the possibility of a medical explanation. If no medical explanation is given, the result is verified as positive. When the paperwork is completed, the result is reported verbally to the company’s confidential contact and a written confirmation is sent by mail marked “Confidential”. The same procedure is followed to report the test result if it is confirmed negative by written documentation from a physician.
When there is no medical explanation for a positive result and the donor feels there has been a possible mistake, the donor has the option of having the split sample sent to a different laboratory for reanalysis. The initial result is still reported as positive to the company, however the company is informed that a reanalysis has been ordered. If the report findings from the second test verify a negative result, the initial result is then verified negative also.
After a verified positive drug screen, the following disciplinary action(s) must be taken: