Your driver just failed a DOT Drug or Alcohol Test. Now what do you do?
Well, take a deep breath and don’t panic! Here’s what to do next:
1) Park The Driver
Remove the driver from “a safety sensitive function”. Pull them off of the road immediately…wherever they are. Period. Full Stop. If they’re under a load, focus on getting the load where it needs to go by other means. Get all of your equipment back as soon as possible.
The driver can request that the sample that was provided be re-tested. This is called a “split-specimen test” and the company has to pay any additional costs associated with that test. The Medical Review Officer (MRO) will have already had a conversation with the driver before reporting the test results to you. They will have discussed this option during that discussion. So, you don’t have to do anything for that.
DO NOT allow the driver to operate while you’re waiting on a split specimen test results!
2) Terminate The Driver?
You have to decide if the driver is going to remain employed with you or not. Personally, I feel a positive CS or alcohol test should result in automatic relationship termination. It’s good for optics and it’s good business. It’s unfortunate for the driver, but they have to deal with the consequences of their actions. You have to protect your business!
3) SAP Referral
Your responsibility is to provide the driver with the contact information of a Substance Abuse Professional near them who can help them with a treatment program and subsequent return to their commercial driving career if they choose to. I like using SAP List for this.
Just plug in the driver’s address and print off the results of the nearest SAP. Send those results to the driver by both email and by snail mail. Sending the hard copy certified is optional, but recommended in order to prove to the FMCSA that you met your obligation under the regulations.
PRO TIP: I recommend that you don’t hire them again! (As the trucking safety manager for dozens of companies, I’ve seen this happen too many times and the HUGE verdicts that are being returned by juries these days will bankrupt your company immediately and aren’t worth gambling with).
Once the driver undergoes a prescribed treatment program, they will have the opportunity to get hired on at another carrier who will then have to conduct a Return To Duty (Observed collection) controlled substances test and then at least 6 random (and observed) drug screens over the course of the first 12 months of their employment.
Drivers who are listed as “Prohibited” in the Drug and Alcohol Clearinghouse will receive a Clearinghouse Downgrade of their CDL or CLP.
4) Reporting a Failed DOT Drug Test
The Medical Review Officer should report the positive result to the Drug and Alcohol Clearinghouse.
But, don’t assume that this will happen!!
Be sure to run a new limited Drug & Alcohol Clearinghouse query on the driver a couple of days after you receive the positive test results to ensure that this has happened and that we don’t need to report it to them.
5) Prevent Future Failed DOT Drug Tests
Remind all of your remaining drivers about the dangers of using any controlled substances or alcohol and the consequences of those decisions. (You’re required to do this under the FMCSA regulations anyway) You can do this by sending out a nice email with these FMCSA training materials or even incorporate this into your regular safety training program.
My Safety Manager is a leading provider of fleet safety and trucking compliance services for fleets of all sizes. Our specialized safety management solutions put expert safety professionals in place to help deliver results—safe drivers out on the road who are staying compliant with FMCSA regulations. We work with you to create customized solutions that meet your unique needs, taking what’s typically far too much work off your plate so you have more time to grow your business. For more information about how we may be able to help you with this or similar issues, please reach out to us at www.MySafetyManager.com.
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