TOW NEWS &
Regulations

newsUpdates

June 2010

Questions & Answers

Question: 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 under 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.

Having Trouble Getting
Your Drug Test Results?

You hired and enrolled with us and an important part of our job is to assist you with the administration of most facets of your drug and alcohol testing program, including many types of recordkeeping. Getting your drug test results to you as quickly as possible is very important to AADT/C-DATA, but sometimes problems do arise.

Ultimately, the responsibility falls on the company-designated employer representative (DER) or Owner-operator to make sure all documentation is submitted to AADT/C-DATA in a timely fashion. This gives your account representative the opportunity to look at the paperwork to make sure there are no discrepancies or issues regarding the drug test collection. The following are some tips to make sure the program works efficiently for both of us:

  1. Make sure to always use a contracted collection site. An updated version of the site list is given to you at the time of enrollment and renewal. The most updated version can be viewed on our website (www.aadrugtesting.com), or you can call us toll free at (800) 820-9314.
  2. Always fax or send with employee/driver the AADT/
    C-DATA Collection Site Passport (Form 111), and ensure that it is filled out correctly with all information including your AADT Company ID#.
  3. Have your employee/driver return the copy of the Custody and Control Form/Chain of Custody form to you once they have completed the test. This is your proof that the test was done. A copy should also be submitted to AADT/C-DATA. This will also help us assist you with any questions you might have regarding the test.
  4. Check for the result, which should be reported to you within 24-48 hours via the reporting option that you selected at the time of enrollment (to change reporting options, use Form 112 and forward to AADT/C-DATA).
  5. If you do not see the result within 24-48 hours, then you should call your account representative so that we can track the progress of the result. Make sure to have the Custody and Control Form/Chain of Custody form for reference when speaking to your account representative.

Remember if you have any questions we are here to help.
AADT/C-DATA Staff

Medical Marijuana & CDL Drug Testing Regulations
From the DOT Office of Drug & Alcohol
Policy and Compliance Notice

Late last year, the Department of Justice (DOJ) issued guidelines for federal prosecutors in states that have or are planning to enact laws authorizing the use of “medical marijuana.” www.justice.gov/opa/documents/medical-marijuana.pdf.

We have had several inquiries about whether the DOJ advice to federal prosecutors regarding pursuing criminal cases will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana by safety-sensitive transportation employees: pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire-armed security personnel, ship captains, and pipeline emergency response personnel, among others.

We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines to federal prosecutors.

The Department of Transportation’s Drug and Alcohol Testing Regulation 49 CFR, Part 40 at 40.151(e) does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result.
That section states:

§40.151 - What are MROs prohibited from doing as part of the verification process?
As an MRO, you are prohibited from doing the following as part of the verification process:

(e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.)

Therefore, Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.

We want to assure the traveling public that our transportation system is the safest it can possibly be.

Jim L. Swart
Director
Office of the Secretary of Transportation
Office of Drug and Alcohol
Policy and Compliance
Department of Transportation
October 22, 2009