newsUpdates

December 2001

Questions & Answers

DOT PART 40:
Question 1
Can an employer wishing to conduct pre employment alcohol testing, do so?

Answer

  • A DOT-regulated employer (except under USCG and RSPA rules) wishing to conduct pre-employment alcohol testing un der DOT authority may do so if certain conditions are met.
  • The testing must be accomplished for all applicants (i.e., the employer cannot select for testing some applicants and not others) and the testing must be conducted as a post-offer requirement (i.e., the employer needs to inform the applicant that he or she has the job if he or she passes a DOT alcohol test).
  • In addition, the testing and its consequences must comply with requirements of Part 40.

Question 2
Can the employer himself or herself act as a Designated Employer Representative (DER), as opposed to appointing another employee to play this role?

Answer

  • The employer (e.g., the owner of a small business) may act personally as the DER.
  • The employer may also appoint an employee or employees to play this role
  • The DER must exercise his or her authority to remove an employee from safety sensitive functions either directly or by causing the employee to be removed from performing these functions (e.g., by having the employee’s supervisor effect the actual removal).
  • The employer may not delegate the DER role to a service agent. Only the employer or an actual employee of the employer may perform this function.
  • The Department will not authorize a “DER-for-hire” concept (e.g., a person under contract by several companies to serve as their DER).

It is my hope that you are enjoying the holiday season so far this year. If you have not yet mailed in your signed Renewal Forms for the 2002 service year, please do so as soon as possible, so that we can mail your new Membership Certificate before the end of this year. Also remember, that if you experience any delays in receiving your company’s drug test results, please contact us immediately at 800-820-9314.

D.O.T PART 40 Q & A:
Pre-Employment Alcohol Testing

After reading over last month’s issue of CTN, I realized that there was an error in the DOT Q&A section of my article. Therefore in this update, I have repeated the first question and added a second one.

I hope you enjoyed reading the introduction of Bianca Posadas printed last month. I have included the introduction of Lisa Heaps this time, which I know you will find just as interesting.

Thank you for your continued support and dedication to C-DATA (formally CalDATA) and as always please feel free to contact with any comments, concerns, or questions.

NEW EMPLOYEE HIGHLIGHT:

Hello!
My name is Lisa Heaps and I’m your new Customer Service Representative. I’ve been working here at CalDATA since April of this year and I enjoy it!

I have 10 years of experience in Customer Service, resolving problems and ensuring that my clients’ concerns are addressed. I have had experience in dealing with trucking companies prior to working with CalDATA, coordinating pickups and deliveries for a furniture company where I was employed for 5 years.

I was born and raised in California. I have tried living in a few different states but there’s no place like home-I’m just a California girl at heart. My interests are basketball (GO LAKERS!) and spending time with my family.

I am the person you love to hate! I send out and process all Random Test Notifications. I’m always here to help you and I look forward to assisting you with any questions or problems that you may have concerning the testing process. Please feel free to give me a call anytime at 800-820-9314 Ext. 24.

 

 

 

 

 

 

 

 

Note that throughout this article, when I refer to the applicable federal regulations, I’m referring to CFR 49, Parts 40 & 382; these regulations can be found in Section 5 of the AADT Company Compliance Manual or in the AADT website at www.aadrugtesing.com under links at DOT Office of Drug and Alcohol Policy and Compliance at www.dot.gov/ost/dapc or Federal Motor Carrier Safety Administration at www.fmcsa.dot.gov.