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December 2008
Questions & Answers
Question - I received an “Unsatisfactory Rating” on my compliance review during my past bi-annual inspection. I’m an owner-operator motor carrier with my own CA/MCP and I own and operate my own tractor and a bottom dump trailer. Recently I was involved in a fatal accident. I was stopped at a traffic light and was rear-ended by a SUV driving at a high rate of speed, the person driving the SUV actually died at the scene. They had a very large dog in the back seat behind the driver; the impact from the crash caused the dog to move forward and slammed the driver into the steering wheel of the SUV crushing the driver. I was told by the police officer at the accident scene that I did not need to drug or alcohol test because I was not found to be at fault for the accident or death.
During my recent BIT and Compliance Inspection by CHP, I was relaying the story to the Commercial Motor Carrier Specialist (MCS). The MCS asked me if I had post-accident tested after the incident. I explained, “I did ask the officer at the accident scene, but was told no, because I was not found at fault for the accident or death”.
The MCS explained that I should have tested under the requirements of DOT FMCSA §382.303 post-accident testing. The enforcement authority at the scene of the incident was probably referring to the California motor vehicle laws and was not fully aware of the federal/state regulations concerning federal drug and alcohol testing requirements for commercial licensed operators.
I am just an owner-operator, how am I supposed to know all of the regulations, especially when the officer at the accident scene said I did not need to test?
Answer - It is the responsibility of the motor carrier driver, employer or owner-operator to know the applicable regulations and their requirements whether it be random, pre-employment, post accident, reasonable suspicion, return-to-duty or follow-up testing or any other regulation pertaining specifically to their role.
We realize knowing all of the regulatory requirements are a challenge, even for those who deal with it everyday. Compound this with regulatory guidance and it can be very confusing, but it doesn’t lessen the fact that it is ultimately your, the motor carrier’s responsibility to comply with these regulations.
Unfortunately, in some circumstances certain violations are uncorrectable after the fact and the carrier has to pay the consequences. Pre-employment testing is another perfect example; an employer must have a negative test result or meet the waiver requirements outlined in §382.301 prior to the employee performing safety sensitive functions. It has been our experience that the employer’s failure to assure the completion of the employee’s initial pre-employment testing requirements prior to the employee driving has been the majority of the violations carriers have received during their Compliance Review.
AADT makes every effort to have all regulatory information available through the educational and training material you are furnished at the time of enrollment, as well as posted on our website at www.aadrugtesting.com. including links to various agencies, should you need additional clarification. AADT also maintains a toll free number from which you have access to an experienced staff to ask questions 8 a.m. to 5 p.m. Monday through Friday. Each year, we also provide our clients with the most recent regulatory updates which are also sent with your annual renewal packets. If you are ever in doubt; contact us.
If we are not available (e.g. a post accident that may happen outside of regular business hours) we have collection site information and hours posted on the website, or again requirement information and important Q&A sections within in your AADT/C-DATA Compliance Manual and Driver/Employee Handbook.
We cannot express enough the need to contact us if you are in doubt; we are here to help!
Happy Holidays!
All of us at AADT would like to wish everyone a Happy Holidays! When times are tough like I know they are, it is important not to loose sight of what is really important in life – like your family, your health and your friends.
Drug Testing is Working
Having been involved directly in the drug and alcohol testing industry for over nine years, I have seen a definite pattern as to when positive drug tests are on the rise and what the drug of choice is based on the positivity rates.
For instance, we have seen increases in positive drug tests of all types around the holiday months (it’s the party season), and some drugs associated with depression (especially during these economic times). And than in the spring time we see an increase in amphetamine usage (work, work, work) when hauls and construction picks up.
I am very pleased to say that overall as our business has grown and our testing pools have developed since 1995 that our positivity rate for DOT testing has noticeably dropped. I would like to believe that is a result of the commitment that many of us in this industry have had to this proposition.
The regulations are clearer, the enforcement is better and this has influenced many companies to become more pro-active, committed and responsible for their drug and alcohol testing programs. This includes their pre-employment and background checks.
In addition, many companies are requiring random testing for all employees that are involved with their businesses, even non-DOT safety sensitive employees. So testing has expanded to both regulated and non-regulated employees. Drug testing is clearly a deterrent to drug users and abusers. And what’s happening just south of our border today should convince all of us about becoming drug intolerant.
Today, more than ever, I’m excited about how many brokers or overlying carriers who are following through with their drug and alcohol enrollment compliance checks for contracted independent sub-haulers. Also, as an additional plus, we have seen a steady increase in the amount of calls we receive from the CHP and DOT field inspectors when they are conducting Carrier Compliance Reviews. All of these tools are increasingly effective in catching the true drug abusers.
We are closely watching industry drug program compliance documentation, we have seen AADT Enrollment Certificate forgeries – don’t assume, please call us to confirm enrollments. We have also experienced other situations where the carrier goes out of compliance for various reasons throughout the year, but within California, unless the broker or safety inspector actually calls to verify enrollment compliance, no one knows an owner-operators compliance or non-compliance status.
We are committed to both the broker and the owner-operator motor carrier industry. We have seen a need and have invested in what we hope is a solution to a difficult challenge. With the new AADT TPA-Pro “Online Broker Access” internet tools, a broker can set up an account through us and once we have a signed “Agreement” between the broker and the owner-operator motor carrier on file, Brokers can check our drug and alcohol program enrollment compliance 24-hours a day. Brokers can even request our automatic email notification feature where they will receive an email on a daily basis should one of their enrolled independent contractor owner-operator motor carrier’s accounts go inactive or re-activate.
So on a positive note, in a time when a positive note seems to be far and few in construction and trucking, it is refreshing to see that together we really can make a difference.
We are as committed to improving public safety as most public agencies we work with, because we all want a better, safer place to work and live and it is important not to loose sight of what is really important in life; as I said earlier – our family, our health and our friends.
Reminder All AADT Enrollments
Expire on December 31st!
Once again, we want to remind everyone that your completed AADT program renewal information must be received by December 15th to guarantee you will receive your 2009 Certificate of Enrollment and packets by January 1st. The first round of over 1,700 renewal packets were mailed on November 18th and the second round was mailed on December 5th, so if you renewed early and have not received your 2009 packet, contact our office at 800-820-9314.
FMCSA Improves Medical Requirements for Commercial Truck and Bus Drivers
WASHINGTON – The Federal Motor Carrier Safety Administration (FMCSA) took new steps toward improving standards and setting uniform requirements for medical examiners, while also finalizing a streamlined process for combining the commercial drivers license (CDL) and medical certificate records for commercial truck and bus drivers operating on the nation’s roads.
“While we have made significant improvements in motor carrier safety, these actions will support and strengthen our continuing commitment to ensure that only medically qualified individuals are allowed to operate an interstate truck or bus. Safety is our paramount responsibility,” FMCSA Administrator John H. Hill said.
FMCSA issued a final rule that will require states to merge the commercial driver’s license (CDL) and the driver’s medical examination certificate into a single electronic record. When fully implemented by the states in three years, the new combined CDL will streamline record keeping obligations for the states and CDL holders, while providing instant electronic access to the CDL holder’s medical certificate by state and federal enforcement officials.
In addition, the rule requires states to take enforcement actions against CDL holders if they do not provide medical certification status information within the deadline.
FMCSA also issued a related rulemaking that would establish a National Registry of Certified Medical Examiners to ensure that physical qualification examinations of CDL holders are performed by qualified medical practitioners and are administered in a uniform and consistent manner. The Notice of Proposed Rulemaking (NPRM) for the National Registry of Certified Medical Examiners would create certification standards, including a training and testing program, and a National Registry of medical examiners who are qualified to conduct examinations of interstate truck and bus drivers.
The proposal would require the medical examiner to electronically transmit to FMCSA the name and a numerical identifier for each driver who is examined. The proposal also would create a process by which medical examiners who fail to meet or maintain the minimum standards would be removed from the National Registry.
The NPRM for the National Registry of Certified Medical Examiners can be found at www.regulations.gov, docket number FMCSA-2008-0363. Public comments on the proposal should be submitted by January 30, 2009.
The final rule on Medical Certification Requirements as Part of the CDL is available for review at www.fmcsa.dot.gov.
12/01/08 Contact: Kristin Schrader at FMCSA Tel: (202) 366-9999 ext. 2309
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.