Information for Employers Information for Employers. Who's Impacted? Resources for Service Agents Service agents that administer drug and alcohol tests can find general information and other resources here. Guidance on Drug and Alcohol Supervisor Training.
This includes, but is not limited to,. Employer or Motor Carrier Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such terms does not include the United States, any State, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States.
Gross Combination Weight Rating The total value specified by the manufacturer s of the vehicle as the loaded weight of two or more vehicles. In the absence of a value specified by the manufacturer, it will be determined by adding the gross vehicle weight rating of the power unit to the total weight of the towed unit and any load thereon. Gross Vehicle Weight Rating The value specified by the manufacturer of the vehicle as the loaded weight of a single vehicle.
Designed to Transport The value specified by the manufacturer of the vehicle as the maximum number of persons that may sit in a single vehicle. Stand-Down The practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the medical review officer MRO of a confirmed positive test, an adulterated test, or a substituted test, before the MRO has completed verification of the test results.
USA Banner. Department of Transportation U. In response to passage of the Omnibus Transportation Employee Testing Act of , the FMCSA has published regulations prohibiting controlled substances use and alcohol misuse and modified other current regulations. The following required elements of a controlled substances use and alcohol misuse program are discussed: Policy and procedure development Driver education and supervisor training Urine specimen collection and testing Breath and saliva sample collection and testing Recordkeeping and reporting.
Employers Domiciled in the United States For employers domiciled in the United States, the rules require testing to have begun by January 1, Employers Domiciled in Foreign Countries For employers domiciled in foreign countries that operate in the United States, the rules require testing to have begun by July 1, Section 2. How to Use These Guidelines These guidelines are a ready reference for those in the CMV industry that must formulate and implement programs to control substance abuse.
They are organized by subject, and each subject is addressed in the general order that it would be encountered in the actual formulation and implementation of a controlled substances use and alcohol misuse program. Regulatory Text Statements in this manual that refer toregulatory requirements contain the words "shall" or "must" e.
Section 3. Other Resources While every attempt has been made to make these guidelines as complete and self-supporting as possible, additional published material is available. No other employees may be included. Although this sounds like a simple distinction, it is important to understand the definitions of "driver" and "safety-sensitive function.
Independent drivers are included. Other employees who may not have the title of driver, but who sometimes operate a CMV, also must be included in your program. These may include maintenance workers, supervisors, clerks, and possibly even the president of your company. See table 2. In general, a person is subject only to one DOT agency rule at any point in time.
The employer, however, may be subject to more than one DOT rule. Any employer that is subject to more than one DOT rule must determine when each rule is applicable. You must adopt a policy on substance abuse in the workplace Among other items, the policy must.
A detailed discussion of the specific requirements of the controlled substances and alcohol program policy statement is provided in Chapter 3, "Policy Development and Communication. You must provide to all drivers educational materials that explain the requirements of your policies and procedures for the FMCSA controlled substances and alcohol testing regulations Information on the effects and consequences of substance abuse on personal health, safety, and the work site, as well as indicators of substance abuse, must be provided.
Driver supervisors must receive additional training on the physical, behavioral, and performance indicators of controlled substances use or alcohol misuse to determine when drivers must be tested under reasonable suspicion Chapter 4, "Education and Training," provides greater detail on the training and information requirements for employees and supervisors.
You must establish a controlled substances and alcohol part , subpart C testing program that follows FMCSA regulations for controlled substances testing Chapter 6, "Controlled Substances Testing Procedures" and alcohol testing Chapter 7, "Alcohol Testing Procedures". The types of tests are. It is very important that your employees and supervisors understand the definitions of "driver" and "safety-sensitive" as used in the context of your testing program.
The drug testing process provides for an MRO to receive test results from the laboratory, verify a positive or negative result, and only then contact the employer to report the test result. Some employers wanted to be able to remove a driver from safety-sensitive functions during the time between the laboratory notifying the MRO of a positive test result and the MRO verifying the test result.
The current rules in effect since August 1, , allow employers to request a waiver from the standard test result reporting requirements and establish a stand-down program, to remove drivers from safety-sensitive functions during the time the MRO is verifying a positive test.
The employer wishing a stand-down waiver must submit an application for such a waiver to the FMCSA, in accordance with If the waiver is granted, the employer may establish a stand-down program provided that such a program will provide that all drivers are treated fairly and confidentiality is protected. You must immediately remove every driver who has violated the prohibitions in Part , subpart B from driving CMVs and performing other safety-sensitive functions and refer the driver to a substance abuse professional for an evaluation.
The employer must advise the driver of the various resources available to the driver. These must include, but are not limited to, the names, addresses, and telephone numbers of substance abuse professionals, counseling, and treatment programs. Employers that have established employee assistance programs or have health insurance programs that include substance abuse treatment may refer their drivers to these programs.
You must maintain certain testing records Such records and other personal data associated with the testing program are subject to conditions for release. However, these regulations do not preempt any provisions of State criminal law that impose sanctions for conduct leading to loss of life, injury, or damage to property. Sign Up Today. Your comments may be used on air. Be polite. Inappropriate posts or posts containing offsite links, images, GIFs, inappropriate language, or memes may be removed by the moderator.
Learn More. Lehigh Valley News. DEP to host public hearing related to proposed warehouse in Northampton County Local music teachers march in Rose Parade in California As inflation rises, local experts offer tips on how you can manage your budget in Local health officials concerned about some people holding COVID parties Man who pleaded guilty to dumping burned body in South Whitehall sentenced to 28 years in prison Pa.
House approves congressional district map; bill now goes to Senate Warrant scam: Man out thousands after telephone call Liberty Bell Church in Allentown being put up for sale amid declining membership, financial struggles. Berks Area News. Brandywine Heights takes advantage of Pa. Sign Up for Breaking News. Breaking News Alerts.
0コメント