12th year of providing drug & alcohol testing program management and administration

As C-DATA begins its 12th year of providing drug & alcohol testing program management and administration, we have seen the industry change its attitudes about this valuable statutory requirement framed in safety. We have also experienced many changes both within the drug & alcohol testing industry’s regulations and enforcement community. One of the more positive trends we’ve seen, is it seems that CHP enforcement, mainly Motor Carrier Specialists (MCS), have become more proactive in their enforcement investigations especially regarding pre-employment and random drug testing. But it still never ceases to amaze me the lack of concern towards compliance on the part of some motor carriers (both company owners with employees and owner-operators). Many times it is not taken seriously until they are contacted by CHP or DOT to schedule a Drug & Alcohol Compliance Review, at which time they find themselves scrabbling to have everything ready.

We’d like to remind carrier’s that their local/regional (MCS) field inspector may have changed and it may no longer be the “good ole guy” MCS they had in the past. In fact, the CHP routinely rotates their MCS in an effort to deter them from establishing too close of friendships with carriers.

I would also like to point out that unfortunately many times we encounter inconsistencies in what each inspector may require during an inspection, so we can only advise you as to what is required in regards to the regulations and related guidance in CFR 49 Parts 40 & 382.

I truly understand that owning a trucking/heavy construction business is neither easy nor simple. Having grown up in the trucking/heavy construction business between my father, brother, in-laws, aunts, uncles, and cousins as well my husband being an owner-operator, I can empathize. Guess one could say some of my best friends are “Truckers”. So many times I hear, “ I just want to drive my truck!”, but today’s motor carriers, which include owner-operators, are required to understand much more then that, from equipment maintenance to hours-of-service and drug and alcohol testing regulations. They not only have to understand these safety rules but comply with them as well. It may all seem overwhelming and even our instructions may seem long winded at times, but we feel the purpose of a drug and alcohol testing program TPA (third party administrator) is to make sure you are prepared so that you shouldn’t incur any hidden surprises.

C-DATA would like to be considered as the “TPA for Compliance Choice”.
Please note even though you may use a TPA/Consortuim as an administrator for your drug & alcohol testing program the ultimate responsibility lies with the motor carrier company or owner-operator motor carrier – the employer!

 

So what are the general responsibilities of
employers under this regulation? – §40.11 it states:

(a) As an employer, you are responsible for meeting all applicable requirements and procedures of this part.

(b) You are responsible for all actions of your officials, representatives, and agents (including service agents) in carrying out the requirements of the DOT agency regulations.

(c) All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug and alcohol testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug and alcohol testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements.

May an employer use a service agent to meet DOT
drug and alcohol testing requirements? – §40.15 it states:

(a) As an employer, you may use a service agent to perform the tasks needed to comply with this part and DOT agency drug and alcohol testing regulations, consistent with the requirements of Subpart Q and other applicable provisions of this part.

(b) As an employer, you are responsible for ensuring that the service agents you use meet the qualifications set forth in this part (e.g., §40.121 for MROs). You may require service agents to show you documentation that they meet the requirements of this part (e.g., documentation of MRO qualifications required by §40.121(e)).

(c) You remain responsible for compliance with all applicable requirements of this part and other DOT drug and alcohol testing regulations, even when you use a service agent. If you violate this part or other DOT drug and alcohol testing regulations because a service agent has not provided services as our rules require, a DOT agency can subject you to sanctions. Your good faith use of a service agent is not a defense in an enforcement action initiated by a DOT agency in which your alleged noncompliance with this part or a DOT agency drug and alcohol regulation may have resulted from the service agent’s conduct.

(d) As an employer, you must not permit a service agent to act as your DER.

Is an employer responsible for obtaining information
from its service agents? - §40.17 it states:

Yes, as an employer, you are responsible for obtaining information required by this part from your service agents. This is true whether or not you choose to use a C/TPA as an intermediary in transmitting information to you. For example, suppose an applicant for a safety-sensitive job takes a pre-employment drug test, but there is a significant delay in your receipt of the test result from an MRO or C/TPA. You must not assume that “no news is good news” and permit the applicant to perform safety-sensitive duties before the applicant to perform safety-sensitive duties before receiving the result. This is a violation of the Federal Regulations.

Quick Reference D& A or CSAT Compliance Guide

Below we have put together a drug and alcohol carrier inspection guide that may be helpful when preparing for an inspection. These regulations can also be found in CFR 49 Part 40 & 382:

• C-DATA Certificate on Enrollment in a Random Drug & Alcohol Testing Program
• Current Company Profile - listing all active drivers
• Consortium Data Report –
  C-DATA’s testing information including Laboratory, MRO (Medical Review Officer), SAP (Substance Abuse Professional) provider, random selection method, testing percentages and random pool’s enrollment count.
  
• Annual Summary – §382.403 – MIS may be provided by C-DATA upon request
  
• Bi-Annual Statistical Reports – §40.111 & §382.401-Sent directly by the Laboratory to the employer but may be provided to a consortium provided that the information is employer specific data and the consortium forwards the reports to the employer within 14 days of receipt of the report.
  
• Random Testing - §382.305
• Pre-Employment Testing - §382.301
  
• Inquires for D & A Information From Previous Employers - §382.413 (previous two years for Intrastate - §40.25 and three years for Interstate - §391.23)
• Post Accident Testing – §382.303
  
• Employer D & A Policy
  (includes owner/operators) – §382.601
  Signed statements by the driver for receipt of policy on the misuse of drugs and alcohol
  Note: Employee’s employment records should be separated from employee’s drug & alcohol testing records in a securable file marked confidential and limited and controlled access.
  
• Supervisor Training – §382.603
  
• Required Records – §382.401
  All documentation pertaining to drug & alcohol testing including:
  
• Random test notification
  
• Employer copy of the COC
  
• Copy of test result signed by the MRO
  
• Documentation of a cancelled test or refusal
  
• All documentation related to the follow up of a cancelled, invalid, refusal, etc.
  
• Returned to Duty Testing – §382.309
  
• Follow up Testing – §382.311

C-DATA is available to answer any of your questions or concerns at (800) 820-9314.

We pride ourselves in being on top of transportation and drug & alcohol testing industry regulations changes and issues; we encourage education and supply information to our clients from a variety of sources. These sources included the but are not limited to the company compliance manual, updates within the yearly renewal packets, informative articles in the CTN publication and most of this information is also located on our website at www.c-data.com.

Respectfully, Lonnie