TOW NEWS &
Regulations

newsUpdates

September 2008

Questions & Answers

Question - I haven’t had much work this year so, I have put my truck in non-op status with the DMV and cancelled my truck insurance.

Do I need to keep my AADT account active for DOT random drug and alcohol testing program so I don’t loose my Commercial Drivers License (CDL) ?

Answer - Many times we are asked this question especially around renewal time or when a driver is contemplating retirement. If you are not currently operating a commercial vehicle in a safety sensitive position you are not required to be in a random drug and alcohol testing program to retain your CDL. If you are not operating, then there is no need for a random testing program and your account would be made inactive, until you notified AADT that you were ready to return to driving.

The DOT states that only eligible drivers should be enrolled in the random testing pools or it contaminates the testing averages. Just remember anytime a driver including self-employed owner-operators have been out of a DOT random testing pool more than 30-days, they will need to pre-employment test before returning to operating a CMV in a safety sensitive position.

CHP Commercial Vehicle Safety Summit Successful in Bringing the Motor Carrier Transportation Industry and Enforcement Closer to the Same Ultimate Goals

California Highway Patrol Commercial Vehicle Safety Division held their 3rd annual Commercial Vehicle Safety Summit August 19th - 21st in Newport Beach. The focus of the summit was to provide a unique forum for industry and oversight agencies to interact on commercial vehicle safety and security issues. We feel this was accomplished within a friendly relaxed atmosphere, allowing for the opportunity to meet with individuals including John Hill FMCSA Administrator, Dale Bonner, Sec. of Business, Transportation & Housing, Commissioner Joe Farrow, CVS Chief Debbie Vertar, Captain Steve Dowling, as well as the individual enforcement personnel from the various offices and divisions. Not only did we come away with useful information, but also with the feeling that we all have the same goals – improving safety through knowledge, education and in a cooperative enforcement environment.

AADT and CDTOA as well as other vendors and agencies were provided the opportunity to exhibit their information and attend the sessions. Attendance was open to motor carrier employers of all sizes, employees, safety directors, DER’s, industry vendors, etc. Because of the response and attendance it is the intentions of the CHP Commercial Vehicle Safety Division to extend this event again next year, so those that have not attended should seriously consider it.

 

 

 

New DOT Rule 40.67(b) Mandatory Direct Observation
for Follow-up and Return-to-duty Testing on Hold

Because the notice of proposed rulemaking for the June 25, 2008, final rule had not specifically asked for comment, the FMCSA has decided to hold a 30-day comment period on this provision. To allow for the comment period and the Department’s response, the effective date of mandatory direct observation for follow-up and return-to-duty testing provision has been changed to November 1, 2008. All other provisions to the final rule went into effect on August 25, 2008.

Employers Need to Make Provisions
For Available Same Gender Observers

As I stated in last month’s article, it is going to be interesting to see how the new ruling regarding observed collections is going to play out. Well…. AADT has received many calls from various collection site supervisors wanting us to get the word out to employers that many of the collection sites do not have male collectors available for same gender direct observations.
So it will be the employer’s responsibility to call the collection site to see if a same gender collector is available for a direct observation urine collection, if not, a same gender supervisor or Designated Employer Representative (DER) will need to accompany the donor to the collection site to act as an observer. Once again the observer should not be a co-worker who is in the same testing pool or who works together with that employee on a daily basis and is not in a supervisory position. Also to avoid a potential conflict of interest, an observer should not be someone that is associated to the employee, such as a relative or close personal friend.

2009 Renewal Packets Go Out the Beginning of October 2008

It has been four years since AADT (C-DATA) had a price increase in our enrollment fees. Although for the past two years we’ve received significant price increases from collection sites and laboratories we utilize, including the infamous fuel surcharges, we have made every effort to freeze our prices. We were committed to maintaining our prices for next year if there were no additional price increases from our vendors. Unfortunately, we were recently informed by our laboratories that they are again increasing their prices, as well as collection sites and even our Medical Review Office (MRO) are all raising their prices, so we have no other choice but to raise our fees for 2009.

Knowing first hand the impact this economic hardship has on the construction and transportation industry and the numerous fee increases the industry has already endured this is something that we do with a great deal of regret, but it is necessary.

Remember to Keep You or Your Driver’s Working
Status Information Updated for Random Testing

Each time we send out the random notifications we find that many owner-operators and employers have failed to inform us that they or their driver(s) are: on medical leave, temporarily out of the country, or either terminated or out of business. Since we follow up with a 2nd notification, phone calls and final notices, this is costly and time consuming for our business.

In addition, in order for us to meet the minimum testing percentages as required by DOT regulations or as agreed upon in the case of the Drug Free Workplace pools, we have to test according to the number of participants enrolled in the pools. So when employees or owner-operators are left in the testing pools that are actually not active, this causes additional needless testing which again is an unnecessary cost burden.

By being more cost efficient, we do not compromise the quality of our program and are able to offer additional services without additional fees.

AADT’s knowledgeable staff is available to answer any of your questions or concerns. We are here to help!

Sincerely,

Lonnie Johnson
Operation Director

 

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.