Now that the Compliance Safety Accountability (CSA) measure is in full swing, the Department of Transportation (DOT) is performing more audits than ever. “The new CSA scoring system not only allows auditors to accomplish many more audits than before but they can focus on specific areas of concern. Where we used to see one or two safety audits a month under the old audit system, we are now seeing nearly a dozen or more.” says Dave Gray, President of Glostone Trucking Solutions.

A key area of compliance that many auditors seem to be focusing on is a Carriers random drug & alcohol testing program. Auditors are checking to see that the program is in place and that drivers are submitting to random testing when called upon. If it is discovered that a driver did not submit to a random test, the auditor will consider the non-submission as a “refusal to test”. The refusal is a serious violation for both the company and driver involved.

A refusal to test carries the same consequences as a positive test result where the driver must immediately cease all safety-sensitive functions, including driving, until the driver completes a substance abuse program.  The driver must then submit to a return-to-duty test and test negative in order to resume performing safety-sensitive functions. Finally, the driver will need to submit to a Substance Abuse Professional (SAP) recommended number of unannounced follow-up tests.  The number of follow up tests is determined by the SAP with 6 being the minimum. All follow up tests are required to be observed. The cost of missing a random test could be well over $1,000, take many months and even years to complete.

In addition to serious violation points negatively affecting their CSA score, a company can be fined by the DOT $100 per day it allows a driver to drive while knowing the driver refused to test. Flagrant mismanagement of the drug and alcohol program can lead to the company being placed Out-of-Service by the DOT.

Recent Industry News

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FMCSA Orders Truck Driver to Stop Operating

A truck driver who lost consciousness before striking and killing an Illinois state trooper has been ordered to stop driving commercial vehicles. The driver failed to disclose a medical condition on his Department of Transportation (DOT) physical, or the prescription medication used to treat that condition. He was found to have failed to exercise an appropriate duty of care to the motoring public by his failure to disclose. This situation reiterates the importance of transparency and thoroughness on the part of drivers during the DOT physical process.

California Improves Drugged Driving Legislation

California will join Hawaii and New York as the only three states who separate drunk and drugged driving offenses. By separating drunk driving from drugged driving from drunk and drugged driving, the state will be able to better collect data and assess the impact of drugged driving on road safety. Signed by the governor on September 29, 2012, the new California law will go into effect January 2014.

Reactions to New State Marijuana Laws

The Department of Transportation (DOT) has formally reiterated that despite voter-approved legislation legalizing recreational use of marijuana, those state laws will have no impact on the DOT’s regulated drug testing program, which does not authorize the use of Schedule I drugs, including marijuana, for any reason.

Additionally, employers in the state of Washington are unlikely to shift their employee drug testing policies despite the new law in Washington. The City of Seattle itself informed its employees that because it receives federal funding, and the federal law has not changed with regard to marijuana, the City’s drug policies will remain as before.

Officials in both Colorado and Washington are concerned that the new marijuana legalization measures in their states will create a spike in marijuana-related car accidents. While Washington’s law makes provisions for blood-test limits, Colorado has made no change to their impaired-driving laws.

Special of the Month

The post December 2012 CleanFleet Newsletter appeared first on CleanFleet.

Special of the Month

The post November 2012 CleanFleet Newsletter appeared first on CleanFleet.

Keep your med card up to date! Call CleanFleet at (503) 479-6082 to schedule an appointment for a physical. 

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Every business wants to maximize production of its employees. Trucking companies want their drivers in the trucks as long as possible. The Department of Transportation (DOT) already restricts how many hours drivers can be on-duty; most dispatchers keep drivers on the road right up to the allotted time. However, there are some functions of a driver’s job besides driving that should be done while on-duty. Reporting for an alcohol test is one such function.

The primary reason for testing your drivers for alcohol while they are on-duty is simple. The DOT says so. Part 382.305 (m) states that “A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.” If, in an audit by the DOT, it is found that drivers submitted to DOT random alcohol tests while off-duty, the company could face fines. However, the DOT fines may not be the biggest impact to a company for sending drivers for alcohol tests when off-duty.

If a driver who submits to a DOT alcohol test while off-duty and tests positive, the driver would be required to complete a substance abuse program and submit to a follow-up schedule in order to drive again. The problem is that it is perfectly legal to consume alcohol while off-duty. Now the company has opened itself up to a lawsuit from the driver for making him submit to an improper DOT alcohol test. Therefore, in order to comply with DOT regulations and protect the company from litigation, dispatchers must schedule time for drivers to take alcohol tests while on-duty.

In terms of overall productivity and business profits, the small amount of time spent away from the truck could ultimately save the company thousands in fines and other legal costs.

Recent Industry News

Spotting Drug and Alcohol Abuse

The director of a well-renowned Arizona drug treatment facility has provided this list of hints for those who suspect drug or alcohol abuse. For companies regulated by the Department of Transportation, Reasonable Suspicion Training is required of supervisors. CleanFleet offers this training, providing companies not only compliance with DOT requirements, but also peace of mind that their supervisors can more accurately assess employees’ status with drugs and alcohol.

Importance of Management Involvement in Testing Policies

Amtrak employees testing positive for drugs and alcohol exceeds national averages for the railroad industry, according to a report released by the Amtrak Office of Inspector General. In addition to higher rates of positive tests, a key issue is the lack of awareness by senior management of the testing rates and lack of engagement with the drug and alcohol policy. As described in the September CleanFleet newsletter, management’s engagement with any drug and alcohol policy is a key factor for a successful program.

Confidence in Your Testing Facility

CleanFleet offers collection services for drug and alcohol testing, providing a trustworthy drug testing facility. Trust in the testing process is absolutely vital for a company’s prolonged success and peace of mind. The value of trust was reaffirmed by news of a Massachusetts chemist who admits to mishandling tests, falsifying results, and forging colleagues’ initials. The impact of these admissions requires the review of 34,000 samples, and may impact the convictions of 1,140 cases of people currently in prison.

Fourth Quarter is Crunch Time for Random Testing

October marks the beginning of the fourth quarter, and for drug and alcohol consortiums like CleanFleet, it’s crunch time!  Consortiums managing pools of individuals governed by the Department of Transportation (DOT) need to meet the minimum testing percentage requirements set forth by the DOT.

Over the past several years, the DOT-mandated percentages have remained constant. At least 50% of DOT-governed employees in a testing pool must be randomly tested for drugs while 10% need to be tested for alcohol by the end of the testing year. If these numbers are not met for any pool, every company that has drivers in that pool is out of compliance with the DOT.

At CleanFleet, we are proud to say that we have met and exceeded the required random testing minimums of the DOT, and are on track to do it again this year. We take the job of managing DOT testing seriously as each individual company depends upon the group to follow through with their drivers to meet the testing requirements. Our staff works tirelessly to ensure each company’s Designated Employer Representative (DER) is informed of driver selections and assists them in tracking which drivers have been tested and which have not.

We look forward to working with your company to make this and future quarters as successful as our past track record. If there are ever any questions or concerns about the random testing process, don’t hesitate to give us a call at (503) 479-6082.

The post October 2012 CleanFleet Newsletter appeared first on CleanFleet.

Drug & Alcohol Company Policy
Companies must adopt a drug & alcohol policy that all drivers must sign and follow. Each policy must include certain criterion. Additional provisions may be added to a company’s drug & alcohol policy; however, these provisions must state that they are under the company’s authority and not mandated by the DOT.

Testing Requirements
There are six circumstances in which a driver must submit to a drug and/or alcohol test as required by the DOT:
·       Pre-Employment
·       Random
·       Post-Accident
·       Reasonable Suspicion
·       Return-to-Duty (after completion of a substance abuse program)
·       Follow-Up (minimum of six, after a Return-to-Duty test)

Reasonable Suspicion Training
All supervisors of drivers must undergo Reasonable Suspicion Training, so as to recognize and detect signs of drug and alcohol abuse. The training, a minimum of one hour on drug use and another hour on alcohol use, will cover the effects, behaviors, and indicators of substance use. Supervisors will also learn what documentation is required before administering a Reasonable Suspicion test.

Record Keeping
Maintaining records is a vital part of staying in compliance with the DOT. Due to the nature of drug & alcohol testing, all records must be kept in a confidential and secure location with limited access. The DOT requires different types of records, to be kept for varying periods of time. Some examples include records related to: collection process, test results, other violations of Part 382 of the FMCSRs, evaluations, education and training, and administrative records.

Establishing and maintaining a DOT compliant program saves headaches down the line. CleanFleet specializes in keeping up the changing DOT regulations, and can help you keep up on all the details necessary. For more information on how we can help you, see our website, www.cleanfleet.org.

Benefits of a Drug Free Workplace

In addition to testing required by the Department of Transportation (DOT), CleanFleet also offers testing and administrative support for employees who are not covered by DOT regulations, such as office or warehouse staff. While DOT drug and alcohol testing regulations are in place to ensure highway safety, additional substance testing of non-DOT-covered employees can greatly enhance a company’s overall effectiveness.

Pre-employment drug screening can increase workflow by detecting potential employees whose absenteeism or short longevity due to drug use may cost a company financially. Department of Labor reports show that turnover costs 150% of the annual salary of an exempt employee. Reducing turnover and establishing from the beginning a workplace culture that does not condone drug use can also be a tool of self-selection. If potential employees knows they will be subject to a pre-employment drug test, they are less likely to pursue employment, thus saving recruiting, interviewing, and administrative costs.

Having a clearly delineated drug testing policy is vital, and it’s best to utilize a compliance specialist to strictly follow testing procedures. Court rulings around Fourth Amendment searches cover urine samples, and developing and following protocol will help protect your company from legal challenges.

Pre- and post-employment drug testing not only improves workplace safety, but also affects worker longevity, reduces absenteeism, lowers health insurance and worker compensation costs, and promotes a workplace culture of productivity.

Standard & Best Compliance Boot Camp Sponsored by CleanFleet

• Hours of Service
• Driver Qualification Files
• CSA
• Drug & Alcohol Program Management

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