Drug Testing for Truck Drivers

For more than 30 years, the Federal Motor Carrier Safety Administration has set rules for drug and alcohol testing that covers commercial truck and bus drivers.

Maintaining a commercial driver’s license (CDL) requires adherence to Department of Transportation (DOT) drug-testing requirements, which are crucial for ensuring driver safety and the operational legitimacy of motor carriers.

Why Drug Testing is Required for Truck Drivers

Drug testing is a crucial aspect of the trucking industry, mandated to ensure public safety on the roads. The Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT) have established stringent regulations requiring drug tests for commercial driver’s license (CDL) holders. The primary goal of these regulations is to prevent impaired driving, which can lead to severe accidents and fatalities. By conducting regular drug tests, employers can identify and deter drivers from using prohibited substances, thereby reducing the risk of accidents and promoting a safe working environment. This proactive approach not only safeguards the lives of truck drivers but also protects other road users.

The Importance of Drug and Alcohol Testing in the Trucking Industry

Drug and alcohol testing is essential in the trucking industry, playing a pivotal role in accident prevention and ensuring public safety. The consequences of impaired driving can be devastating, and the trucking industry has a responsibility to take proactive measures to prevent such incidents. Implementing a comprehensive drug and alcohol testing program allows employers to reduce the risk of accidents, enhance driver safety, and maintain a positive reputation. Moreover, drug and alcohol testing helps to mitigate the risk of substance abuse among drivers, offering long-term benefits for their health and well-being. By fostering a culture of safety and responsibility, the trucking industry can significantly contribute to safer roadways.

What Supervisors of Truckers Need to Know:

Section 332.603 require supervisors of commercial motor vehicle drivers to take specialized training relating to alcohol and drug symptoms and identification.

The regulation mandates procedures for alcohol tests that must be conducted on drivers involved in accidents, particularly those with commercial driver’s licenses (CDL).

The regulation covers companies with more than one employee.
Owner-operators are not subject to supervisor testing.

What Drivers Need to Know:

A. The safety regulations require testing for the following classes of substance:
1. marijuana
2. cocaine
3. opiates
4. amphetamines and methamphetamines
5. PCP

B. Who must be tested?

All commercial drivers who are operating a commercial motor vehicle or carrying more than 16 passengers must be DOT drug and alcohol tested.

C. When is random drug testing required?

Pre-employment drug testing is required before an employer can permit a new CDL driver to operate a commercial motor vehicle on a public road.

Post-accident drug testing is mandatory whenever a driver is involved in a fatal accident or receives a ticket from an injury accident or a vehicle-disabling accident. The alcohol test must take place within eight hours and the drug test within 32 hours.

Random drug testing is done on an unannounced basis when the driver is “on-duty” or just before or after becoming on-duty.

Suspicion – supervisors, can require a driver to be drug or alcohol tested whenever the driver exhibits signs of drug or alcohol abuse.

Follow-up testing is required for those eligible for returning to duty. There is a maximum of five years for follow-up testing for drivers who have tested positive for a refused test.

Drug Testing Procedures

Drug testing procedures for truck drivers typically involve a series of steps designed to ensure compliance and safety.

1. Pre-employment testing: This mandatory test must be completed by all new hires before they can start working. It ensures that only drug-free individuals are allowed to operate commercial motor vehicles.
2. Random testing: Conducted on an unannounced basis, random tests ensure that drivers remain compliant with drug-free policies at all times. This periodic testing helps deter substance use among drivers.
3. Post-accident testing: After an accident, regardless of fault, drivers must undergo drug testing. This step is crucial in determining whether substance use contributed to the incident.
4. Reasonable suspicion testing: When a supervisor has reasonable suspicion that a driver is under the influence of a prohibited substance, they can mandate a drug test. This helps address potential substance abuse issues promptly.
5. Return-to-duty testing: After completing a rehabilitation program for substance abuse, drivers must pass a return-to-duty test before resuming their responsibilities. This ensures they are fit to operate commercial vehicles safely.
   

   Types of Drug Tests Administered for Truck Drivers

   Several types of drug tests are administered to truck drivers to ensure comprehensive screening for prohibited substances:

   1. Urine tests: The most common type of drug test, urine tests involve analyzing a urine sample for traces of prohibited substances. This method is widely used due to its reliability and ease of administration.
   2. Oral fluid tests: Also known as saliva tests, these involve analyzing a saliva sample for drug residues. Oral fluid tests are less invasive and can detect recent drug use.
   3. Hair follicle tests: This type of test involves analyzing a hair sample, which can provide a longer detection window for substance use compared to urine or saliva tests. Hair follicle tests are particularly useful for identifying habitual drug use.

Blood tests: Blood tests involve analyzing a blood sample for the presence of drugs. Although less common, blood tests are highly accurate and can detect current impairment.

What Do Drug Tests Screen For?

Drug tests for truck drivers typically screen for a range of prohibited substances to ensure safety and compliance:

1. Marijuana (THC): The active ingredient in marijuana, THC, can impair cognitive and motor functions.
2. Cocaine: A powerful stimulant that can affect a driver’s ability to operate a vehicle safely.
3. Amphetamines: Including methamphetamines, these substances can cause hyperactivity and erratic behavior.
4. Opiates: This category includes heroin, morphine, and codeine, which can severely impair judgment and reaction times.
5. Phencyclidine (PCP): A hallucinogenic drug that can cause severe disorientation and dangerous behavior.

Driver Responsibilities and Rights Regarding Drug Testing

As a truck driver, understanding your responsibilities and rights regarding drug testing is crucial:

1. Right to refuse: You have the right to refuse a drug test, but be aware that this may result in disciplinary action or termination.
2. Right to re-test: If you dispute the results of a drug test, you have the right to request a re-test to ensure accuracy.
3. Reporting medications: You are responsible for reporting any prescription medications or substances that may affect the results of a drug test. This helps avoid false positives and ensures transparency.
4. Compliance: You must comply with all drug testing regulations and procedures to maintain your eligibility to operate commercial motor vehicles.
5. Seeking support: If you are struggling with substance abuse or addiction, you have the right to seek support and resources. Many employers offer assistance programs to help drivers overcome these challenges and return to duty safely.

By understanding and adhering to these responsibilities and rights, truck drivers can contribute to a safer and more responsible trucking industry.

Penalties:

A positive drug result or an alcohol finding of .04 or more or if a driver refuses a test driver must immediately be removed from operating in a commercial vehicle on public roadways.

A positive test on any driver can make it extremely difficult to obtain new employment or to return to work for the existing employer due to the return to duty process required.

While a motor carrier may give a driver a break, the insurance company for the trucking company will in many instances effectively prevent drivers who have failed a test from being hired or retained.

Follow-up testing is required after a failed test.

Further information:

https://www.fmcsa.dot.gov/drug-alchohol-brochure/

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About Greg Baumgartner

Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.