Drug Testing Delays . . . What to do?

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Drug Testing Procedures

A driver was selected for a Random DOT Drug Test. What should I do, if I called to notify a CDL driver everyday for a week with no response?

The Regulations in 49 CFR Part 382.307(l) say:

Each employer shall require that
each driver who is notified of selection
for random alcohol and/or controlled
substances testing proceeds to the test
site immediately; provided, however,
that if the driver is performing a safety-sensitive
function, other than driving
a commercial motor vehicle, at the
time of notification, the employer
shall instead ensure that the driver
ceases to perform the safety-sensitive
function and proceeds to the testing
site as soon as possible.

A safety-sensitive* function, other than driving — means, for example, inspecting or servicing the vehicle. When the safety-sensitive function is complete, the drug testing process needs to be conducted without any delays.

If a driver has been selected, the employer shall require that driver to submit to testing at their first available time in the terminal or other appropriate location. After an employee is notified, he or she must immediately proceed to the collection site, without delay.

Perhaps meet with your supervisor and/or dispatch to see how, working together, you can make this happen.

* 49 C.F.R. § 382.107 defines “safety-sensitive” to mean any on-duty functions in 49 C.F.R. § 395.2, including: (1) all time at a shipper or carrier, etc., waiting to be dispatched; (2) all time inspecting equipment; (3) all driving time; (4) all time in or on a commercial motor vehicle, except resting time; (5) all time loading or unloading; and (6) all time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

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