Commercial Drivers Drug and Alcohol Testing – Part 3

Other Considerations Regarding Commercial Driver Testing

Respecting Employee Rights–Employers should consider:

  • Supervisors who order a test under reasonable suspicion should base his/her judgment upon specifics
  • Before testing, the driver must be verbally notified that it is required by statute
  • Only a properly trained supervisor can order a drug/alcohol test due to reasonable suspicion
  • Random tests must truly be random
  • Any random test must be given either just before, during or after performance of a "safety function"

Required Rehabilitation Services–Any driver who is tested by a supervisor due to suspicious behavior (regardless of test results) must be given the names, addresses and phone numbers of "substance abuse professional" counseling and treatment programs. Before reinstating an employee who has failed a drug or alcohol test, the driver must undergo evaluation, pass drug testing and be given follow-up tests.

Employers Who Use Independent Drivers–These employers have to periodically verify that the drivers participate in an approved alcohol and controlled substance testing program. The business must secure written evidence that the drivers have been tested and have passed these tests.

Consequences Of Noncompliance–A company that fails to comply with the program may face civil and/or criminal penalties. In addition, a party that decides to sue a company because of an accident might use any evidence of violations against it.

Please see parts one and two of this article.