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Example Policy: Random and Post-Accident Drug Testing

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An employer with 50 or more "covered truck drivers," this company must implement post-accident and random drug testing. However, all trucking companies should have drug testing policy.

Under orders from the United States Congress, the Federal Highway Administration (FHWA), implemented regulations requiring six (6) types of truck driver drug testing for interstate drivers.

  • Pre-employment
  • Periodic
  • Reasonable Cause
  • Return To Duty
  • Post-Accident
  • Random

A covered truck driver is an employee operating a commercial motor vehicle with a gross vehicle weight rating of over 26,001 pounds. This includes all company drivers, whether driving interstate or intrastate.

All drivers involved in reportable accidents for which they receive a citation for a moving violation must arrange to take a drug test within 32 hours of the accident. This testing requirement is automatic in the case of a reportable accident, and is regardless of whether there is reasonable cause to suspect that drug use was involved.

FMCSA regulations consider an incident an accident reportable if it involves a fatality, an injury requiring immediate medical treatment away from the scene of the accident or one of the accident vehicles being towed away from the accident scene.

FMCSA regulations put the responsibility for arranging the post-accident drug test on the driver not the company. An affected driver must insure that the drug test is completed at a certified collection site and results provides to his Transportation Manager. The Transportation Manager will assist drivers needing help in arranging the required test.

Drivers who fail to comply with this regulation are disqualified from driving and are subject to disciplinary action.

Every driver has an equal chance of being selected to submit to a drug test in an at-random process. A lottery system is used to select drivers to submit to drug testing. By conducting random testing at a rate equal to at least 50 percent of eligible drivers per year, periodic testing will not be required.

All eligible drivers names will be in the pool each time a lottery is conducted throughout the year. It is possible therefore that a driver's name may be drawn more than once during a year. Drawing will be unannounced. Drivers will never know in advance when they may be selected.

A driver will be notified of his selection in the random process by the Transportation Manager or other designee. Once the driver has been selected, the driver must report to the collection site within the hour.

Drivers who fail to comply with the regulation are disqualified from driving and subject to disciplinary action up to and including discharge.

Drivers who test "positive" for either post-accident or random testing are medical unqualified to drive according to regulation.

Under company policy, any violation of the substance abuse policy or failure to comply with federal and/or state substance abuse requirements may result in discharge.

It is advisable that you add a signature and date line so that your drivers have to sign off that they received this policy. It is too important a policy to risk a driver being able to come back and say they were not aware of the company's drug testing policies and be right.

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