Errors to be avoided in the FMCSA drug testing program

Posted by SharonEvans on March 20th, 2015

The Federal Motor Carrier Safety Administration or FMCSA drug testing program is done in adherence to the DOT drug testing program and compliance requirements. In spite of the detailed information available on the regulations that guide the drug testing programs based on 49 CFR Part 382, organizations often make mistakes in applying these rules. This is due to the fact that not all organizations understand the meaning and implications of the rules in its entirety and herein is the role of a good drug testing consortium which will be able to help them in adhering to the regulations and implement the policies in a proper manner. At times, these mistakes could also lead to violating the rights of an individual or even serious injury.

Though FMCSA drug testing program needs to be complied with, at times the programs are not implemented completely which leads to unwanted situations like violating a driver’s rights or possible injury. Every year there are a number of violation cases that are registered and this happens because the organizations fail to implement the policies and drug and alcohol testing program. In case of the FMCSA, the DOT drug testing policies are only applicable to motor vehicles and drivers with CDL operating within the territories of their home state. If there is a misunderstanding regarding this it may result in confusion.

In some cases the definition of drivers may not be clear to those who are required to implement the policies. These regulations are applicable for those who are directly related to safety-sensitive services and in case of the FMCSA drug testing program it is the drivers with a Commercial Driver’s License (CDL) which allows them to drive a Commercial Motor Vehicle (CMV) and requires them to drive the vehicle. If a driver doesn’t operate a CMV according to the requirements of the 49 CFR Part 382 then he does not need to undergo the drug testing program.

There may even be a lot of confusion during random selection of those who need to take the test. The random tests should be done after proper selection done on the basis of past records or performance or any doubt in the mind of the supervisor or employers. This is a mandatory part of the drug tests in any safety-sensitive service provider according to the U.S. DOT drug test requirements.

There are also a number of violations that are cited in case of pre-employment tests for FMCSA drug testing program which may include failure to conduct the test before employment or if the test was conducted after the person has already been employed. Another case of violation of this regulation includes using the driver for a safety-sensitive function before the results are clear. Another direct violation of the drug testing regulations includes ignoring the test results and employing the services of a driver who may not have qualified. The post-accident test is also another area where there is a lot of confusion. According to the DOT policies, a post-accident test needs to be conducted which requires an alcohol test to be taken within 8 hours of the accident and drug test to be taken within 32 hours of the accident. Often it has been observed that these time deadlines are ignored and the tests do not show correct results. The above were a few of the mistakes that can be avoided so that safe services and a drug free workplace can be ensured.

There are few common errors in implementing FMCSA drug testing program services which result in the drug testing programs being unable to be achieve its objective.