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If the driver has been selected for a Random test, and you do not want to wait for him or her to return to your area so that he or she can get a CCF, we can still get the testing completed. For most tests, you can order the test electronically via drugtest.inoutlabs.com.

See How to Order a Drug Test for more detailed information.

Or let us know and we can help.

For FMCSA, remember that your driver must complete the Random selection within the current testing period (quarter).

Is it illegal to change anything on a CCF?

No. In fact, 49 CFR Part 40.45 specifically permits altering a CCF. It is done frequently when the proper form is not available.

The regulations require that every driver receive a policy meeting specific requirements. The regulations also require that employers obtain a receipt signed by the driver to verify that he has received the drug and alcohol program requirements. These rules apply to all employers, even owner-operators. [49 CFR Part 382.601].

Yes indeed. The drug and alcohol testing regulations address and apply to motor carriers of all sizes equally, whether there is only one driver or many drivers. [49 CFR Part 382].

You must be enrolled in a DOT FMCSA drug and alcohol testing consortium and must have a negative pre-employment drug test.

Requirements for supervisor training are for companies where the owner is not the sole driver. Owner Operators are required to register in the FMCSA Clearinghouse. AND to select a C/TPA.

If you fail or refuse a DOT drug or alcohol test, you must complete the Return to Duty Process with the help of a third party. When this happens with an InOut Labs client, we offer them a RTD management package.

DOT regulations do not address who is responsible for paying for SAP services. The employers substance abuse policy may (should)( provide guidance for determining who pays. Many employers pass the costs associated with the Return-to-Duty process to the employee. And some employers choose to cover these costs.

Failure of a non-federal drug test is not the same as failing a federal drug test. It also does not constitute Actual Knowledge.

But a positive non-DOT drug test does make the driver medically unqualified to perform safety sensitive duties. Under 49 CFR Part 391.41(b)(12), the driver is to be removed from driving duties and is medically unqualified for the duration of the prohibited drug use.

Before he or she can resume performing safety-sensitive work (i.e. drive), the driver must be examined by a Certified Medical Examiner, who may determine that the driver needs to see a Substance Abuse Professional (SAP), complete a drug rehab program and/or have a negative drug test result.

Once the medical examiner has determined that the driver is drug free, the driver may return to safety-sensitive duties. Since this is a non-Federal drug test, the requirements of 49 CFR Parts 382 and 40 and the Return To Duty process do not apply.

As part of the Return To Duty Process, the Substance Abuse Professional (SAP) requires provides Follow-Up testing plan which may last up to 5 years. At a minimum, there must be at least six tests within the first 12 months of the employee’s return to safety-sensitive functions.

All DOT Follow Up tests are directly observed.

If you are wondering if your personal doctor can also be your MRO, the short answer is “possibly, but probably not”. The DOT regulations require MROs to be certified. Unless your doctor is a certified MRO, he or she may not act as a Medical Review Officer.

There are no rules or regulations stating that you cannot run your own DOT drug and alcohol testing program. However, there are so many regulatory requirements — such as a policy, a certified MRO, Reasonable-Suspicion training for supervisors, Post-Accident training, etc. — that it is often difficult for a small company to manage its own program. An effective C/TPA will also keep you informed of regulation changes and provide required reports.

Also, if the owner is also a driver, you are required to select a C/TPA in the FMCSA Clearinghouse.

What are the drug testing requirements for DOT-regulated employees who were furloughed or laid- off during the pandemic?

Without a “negative” pre-employment drug test result, an employer may not permit a prospective or current employee to perform any DOT safety-sensitive functions. In many ways, you treat it the same way seasonal employers do.

Federal Motor Carrier Safety Administration (FMCSA) Guidance (link)

• If driver considered to be an employee of the company during an extended (layoff) period, and included in the random testing program during this period, a pre-employment test would not be required
• If driver not considered an employee of the company at any point during the layoff period, or was not covered by a program, or was not covered for more than 30 days, then a pre-employment test would be required.

Federal Aviation Administration (FAA) Guidance (link)

• 
An employer is not required to conduct a pre-employment drug test and have a negative result prior to returning an employee to work after an 
extended absence or furlough.
• 
An employer may conduct a pre-employment test when the following criteria are met:
  • 
The individual previously performed a safety-sensitive function for you and is not being rehired or transferred into a safety-sensitive function;
  • The employee was removed from the random testing pool for reasons other than a verified positive test result on an FAA-mandated drug test 
or a refusal to submit to such testing; and
  • The individual will be returning to the performance of a safety-sensitive function
• If an employer’s policy is to remove employees from the random testing pool while on an extended absence or furlough, we believe it is a best practice to conduct a pre-employment test and have a negative result if the absence or furlough lasted longer than 60 days.

Now a new wrinkle. 

The FMCSA issued a waiver on June 6, 2020 entitled “Three-Month Waiver in Response to the Economic Consequences of the COVID-19 Public Health Emergency – To Relieve Employers of Commercial Motor Vehicle Drivers Subject to 49 CFR Part 382 from Certain Pre-Employment Testing Requirements.” Read it here.

The gist of it is furloughed drivers do not need a pre-employment drug test when re-hired under certain conditions. The conditions are complex, so if you want to take advantage of this rare exception from the FMCSA, you’ll want to make sure you understand it. Our clients were advised not to remove drivers from the pool if they were expected to return before the end of the quarter, so this does not really apply to them.

For employers that did remove drivers from the random testing program, we would advise that they receive a pre-employment drug test regardless of what the waiver says. Many who were out of work recently got into some bad habits.  You would also need to conduct a pre-employment Clearinghouse query. Need help with the Clearinghouse?

Question 1: If a driver refuses to sign a statement certifying that he or she has received a copy of the educational materials required in §382.601 from their employer, will the employee be in violation of §382.601? May the driver’s supervisor sign the certificate of receipt indicating that the employee refused to sign?

Guidance: Wondering whether you need a signed receipt from each driver? Well, in just a few words, you should know that the employer is responsible for ensuring that each driver signs a statement certifying that he or she has received a copy of the materials required in §382.601. The employer is required to maintain the original of the signed certificate and may provide a copy to the driver. The employer would be in violation if it uses a driver, who refuses to comply with §382.601, to perform any safety sensitive function, because §382.601 is a requirement placed on the employer. The employee would not be in violation if he or she drove without signing for the receipt of the policy. It is not permissible for the driver’s supervisor to sign the certificate of receipt; however, it is advisable for the employer to note the attempt, the refusal, and the consequences of such action. Also, please note that the signing of the policy by the employee is in no way an acknowledgment that the policy itself complies with the regulations.

Need a DOT-compliant policy that includes a receipt?

It is not uncommon for people to try to defeat a drug test, either by substitution or adulteration. Substitution simply means they smuggle in someone else’s urine, or synthetic urine. Adulteration means they add an adulterant to their specimen which can make it invalid. To prevent this from occurring, sometimes an observer accompanies the individual into the restroom. Under DOT guidelines, Direct Observation for drug test is required in certain circumstances, and how it is performed is also very specific.

The following is from here: https://www.transportation.gov/odapc/dot-direct-observation-procedures

Historically, the DOT’s regulation required the MRO to report your medication use/medical information to a third party (e.g. your employer, health care provider responsible for your medical qualifications, etc.), if the MRO determines in his/her reasonable medical judgement that you may be medically unqualified according to DOT Agency regulations, or if your continued performance is likely to pose a significant safety risk. The MRO may report this information even if the MRO verifies your drug test result as “negative.”

As of January 1, 2018, prior to the MRO report your medication use and information to a third party you will have up to five days to have your prescribing physician contact the MRO. You are responsible for facilitating the contact between the MRO and your prescribing physician. Your prescribing physician should be willing to state to the MRO that you can safely perform your safety­sensitive functions while taking the medication(s), or consider changing your medication to one that does not make you medically unqualified or does not pose a significant safety risk.

The short answer to the question “are occasional drivers required to drug test” is Yes.

All drivers that operate a commercial motor vehicle, as defined in 49 CFR §382.107, which requires a driver holding a commercial driver’s license, are subject to the Drug and Alcohol testing requirements in 49 CFR Parts 40 and 382. (See 49 CFR §383.3). This includes, but is not limited to: full time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. See federal register notice on leased drivers.

No. Even if the accident meets the FMCSA definition of an accident requiring testing, it is too late. The regulations state that drivers who have been in an accident requiring Post-Accident testing must be tested for controlled substance and alcohol use as soon as practicable following an incident. If an alcohol test is not administered within 8 hours following the accident, the employer shall cease all attempts to administer a test. Similarly, a substance abuse test must be administered within 32 hours of an accident. You should document all of this.

Post-Accident tests must be conducted as soon as practicable: Alcohol tests within 2 hours (not more than 8), and drug tests within 32 hours. If an alcohol test is not administered within two hours, the employer must document the reasons why a test was not promptly conducted. The employer must also continue to attempt to administer a Post-Accident alcohol test for up to eight hours and the Post-Accident controlled substances test for up to 32 hours after a qualifying accident. Employers must also document the failure to conduct a Post-Accident test on their MIS report.

Under FMCSA rules, in an accident where there is disabling damage to a motor vehicle or bodily injury with immediate medical treatment away from the scene, the driver is subject to Post-Accident testing only if he receives a citation. Post-Accident testing must always be conducted in the event of a human fatality. Employers with a general drug and alcohol policy that requires post-incident testing may conduct a non-Federal test.

If your policy states that you require Post-Accident drug and alcohol testing for any accident or incident, you may conduct the testing using a Non-Federal custody and control form and a Non-Federal alcohol testing form.

• Any fatality (except for the driver).
• Citation for moving violation and disabling damage to any involved vehicle.
• Citation for moving violation and medical treatment away from the scene.

Rule of thumb: If there is no fatality: No ticket, no test.

Read more.

We encourage you to call InOut Labs as often as you need to. Although the Compliance Manual and accompanying materials are very easy to follow, there is a lot to know, and unusual circumstances arise. InOut Labs’ staff is knowledgeable about the federal regulations and are here to help.

If your employees are required to be tested under DOT regulations, then no notice period is required. Your company is, however, required to post certain required information and provide your employees with Employee Education handouts regarding the federal regulations and your company’s drug and alcohol testing program. The Compliance Manual provided with membership contains all the necessary posters, documents, handouts, forms and training materials required by the DOT to be posted and provided to your safety-sensitive employees.
Non-DOT employers are generally advised to provide at least 30 or 60 days notice. You will want to consult your HR professional or employment attorney.

It generally takes InOut Labs one to two business days to process your application and provide you with proof of membership. You will receive your company’s Compliance Manual and testing supplies in about a week.
The Compliance Manual contains forms and step-by-step instructions on how to set up and manage your company’s drug and alcohol program.

ATFs are not account-specific like drug testing CCFs. Collection sites keep Alcohol Testing Forms (ATFs) on hand, and employees do not need to bring an ATF to a collection site. Employees should, however, bring Custody and Control Forms (CCFs) to collection sites for drug tests.

At first glance, Federal and Non-Federal CCFs look similar. A Federal Form — the type of form used for all DOT testing – says “Federal Drug Testing Custody and Control Form” at the top. A Non-Federal Form says “Forensic Custody and Control Form.” The name of the laboratory (Quest Diagnostics, LabCorp, Alere, CRL, MedTox, etc.) is found in the upper right corner.

A Custody and Control Form, often called a CCF, is what documents the chain of custody of a specimen. In its paper form, it is a five-part form. Page one is the Lab Copy. Page 2 is for the MRO. Page 3 is the Employer Copy. Page 4 is for the Collector and the last page is the Donor Copy.

Many CCFs are electronic (eCCF), though a paper copy still accompanies the specimen to the lab.

If you are wondering what do employees need to take with them to the testing center, you should know that they will always need a government-issued photo ID, such as a driver’s license. If for some reason the employee or candidate does not take an acceptable photo ID, the employer’s Designated Employer Representative (DER) may identify him or her over the telephone.

The donor will also need to have test which may consist of a Custody and Control Form (CCF), an electronic test authorization form, or an Authorization Form provided by InOut Labs.

As many know, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the confidentiality of “medical records” of a “patient.” Most of us are grateful for HIPAA privacy rules, as we really don’t see our personal health issues as anyone’s business but our own.

But ….

HIPAA privacy laws do not apply to drug testing. To begin with, there is no “patient.” There is only a “donor,” or the individual who provides the specimen for testing.

Also, there is no “medical” examination. A drug test is not conducted for any medical reasons, for diagnosis or for treatment. It is a forensic safety exam to determine if an employee or prospective employee meets the employer’s work qualifications. In fact it’s not even considered a “fitness for duty” exam.

ADA

The Americans with Disabilities Act states: “(1) In general.–For purposes of this title, a test to determine the illegal use of drugs shall not be considered a medical examination.”

US Department of Transportation

The DOT has published its position on this subject stating that HIPAA does not require employers and service agents in the DOT drug and alcohol testing program to obtain written employee authorization to disclose drug and alcohol testing information required by 49 CFR Part 40 and other DOT agencies drug and alcohol testing rules.

However …

If a positive drug test reveals an underlying health issue, then that heath issue may be protected by the ADA. Also, even though addiction is protected under the ADA, being under the influence of drugs or alcohol at work is not.

When these issues arise, you want to make sure your written drug-free workplace policy is up to date, and you’ll want to consult your HR professional.

For further queries and consultation please get in touch with us.

We are asked this question a lot. The answer is 100% up to the employer and should be described in the employer’s written substance abuse policy.

For regulated employees (such as truck drivers with CDLs), the DOT regulations do not address hiring, termination, or other employment actions. These decisions are solely the employer’s, which may be based on company policy and/or any collective bargaining agreements.

If you need to know, ask the employer. Some will terminate or refuse to hire. Some might offer a second chance.

Good question, and as an employer, it’s a question you should be asking.

Other than the well-know benefits to safety, productivity and culture, if you’re going to spend time and money to drug test new hires and employees, it would be nice to know if there is a reasonable return on investment.

Quest Diagnostics has published a calculator. Check it out. The ROI is probably higher than you think!

http://employersolutions.zynite.com/DrugTesting/ROI/

Seems like it might be. But it’s not.

A workplace drug test is a toxicology test, whereas a medical test is a clinical test. In fact, these tests are conducted in different facilities on different equipment. Labs like Quest Diagnostics and Labcorp conduct clinical tests and toxicology tests in totally different cities. 

Chain of custody

An employment drug test requires a chain of custody. A chain of custody is exactly what it sounds like. It prevents specimens from being mixed up, protecting both employer and employee. At the time of collection, the specimen is sealed and initialed by the donor. Bar codes and numbers connect the specimen and its associated paperwork. It is tracked from time of collection until final testing is completed. If the chain is broken, the test is canceled.

Drug test results must hold up in a court of law, and the chain of custody is critical.

Precautions are, of course, taken not to mix up medical specimens too, but there is no legal chain of custody.

Different kinds of doctors.

Medical tests must be ordered by a doctor. Drug tests do not have that requirement. But drug test results (especially when positive) should be reviewed by a Medical Review Officer, or MRO. An MRO is a specially trained physician who will, among other things, interview donors and validate prescriptions. An MRO-reviewed test result is considered final.

Do You Really Need a Medical Review Officer (MRO)?

So, even though a biological specimen (urine, saliva or hair) is collected and is sent to a lab, a drug test is not a medical test.

And courts support this.

Federal Appeals Court Holds Test For Illegal Drugs Is Not An Impermissible Medical Examination, Even If Test May Reveal Lawful Drug Use

Employers are responsible for providing a safe place to work. To that end, employee drug testing is a critically important tool. 

But drug testing must be conducted properly, with a proper chain of custody and medical review of all positive results. InOut Labs conducts drug tests all across the U.S. With a chain of custody. And with an MRO.

If he’s a regulated employer, no.

A regulated employee (e.g. driver, under FMCSA) must complete the Return-to-Duty process. If he wants to return to work as a driver, he must contact a Substance Abuse Professional (SAP) and complete the Return-to-Duty process — even if he is not hired or is terminated. Your company’s drug and alcohol testing policy will determine whether s/he is terminated or offered a Last Chance Agreement.

Yep. It happens. We catch a lot of them, but some inevitably slip though.

Remember that your drug testing program is mostly about deterrence. We get a fair number of positives, but there would be a lot more drug use if there were no testing at all.

A number of safeguards in the collection process help prevent donors from substituting clean urine for their own. Bags and outer clothing are removed, pockets are checked, and the temperature of the urine specimen is checked.

Labs conduct specimen validity testing which detects adulterants. With hair and oral fluid testing, adulteration is much more difficult than with urine.

Question: If an employee is not able to provide enough urine during the collection process, and the employee must undergo a medical examination to determine if there is a legitimate medical explanation for the “shy bladder,” can the employer make arrangements for the employee to see an employer-designated physician?

Answer: Yes. When an employee is not able to produce a sufficient volume of urine for a drug test, the employer is required to direct the employee to obtain a medical evaluation from a licensed physician who is acceptable to the Medical Review Officer (MRO) and has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen. The employer can facilitate the medical evaluation by scheduling an appointment for the employee with a MRO-approved physician.

49 CFR Part 40 requires that a donor be allowed up to three hours after an initial failed attempt to produce a sufficient urine specimen. During this time, the donor may drink up to 40 ounces of fluid spread over the three hour period. For this reason, many collection sites have a cutoff time for accepting new donors for urine drug test collections. Shy bladder process.

Drug testing detects the presence of drugs and drug metabolites using cutoff levels to determine whether a specimen tests positive or negative for the use of a specific drug. A cutoff level is a threshold. If the concentration of a drug is above the cutoff, it is a positive result. If it is below, it is negative.

Note that a negative result does not mean “no drugs.” It merely means that if any drugs are present, they are below the cutoff level.

Screening level vs. confirmation level

In workplace drug testing, the standard process involves potentially two steps: an initial screen, followed by a confirmation test, but only if the screening test was non-negative.

The initial test is a quick screen that separates negative specimens from further consideration. The confirmation test uses gas/liquid chromatography-mass spectrometry (e.g., GC-MS, LC-MS/MS) or a similar method, which can specifically identify and quantify the drug/metabolite in the specimen.

Understanding drug test results can be a challenging task. Here are some details to help with the understanding drug test results:

Positive – Presence of drugs above the cutoff level

Adulterated – Something has been done to alter the sample

Shy Bladder – Inability to provide a sample

Substituted Specimen / Invalid Specimen – Substance provided was something other than human urine and could not be tested

Negative Dilute – Sample is too diluted to provide results, usually because of excessive water consumption before the drug test often in an attempt to ‘flush’ drugs out of the system and buy time. A retest is often required.

Positive Dilute – A diluted sample but there is a positive result identified within the sample. Positive is positive.

Temperature Out of Range – Sample is is too hot or too cold, which often indicates adulteration or substitution. This will require a second drug test right away, possibly under direct observation, to ensure it is a valid sample. Urine samples are required to be between 90 and 100 degrees Fahrenheit when read within 4 minutes.

Refusal to Test – The donor has been unwilling to provide a usable sample.

Negative – No presence of drugs above the cutoff levels

Screening and confirmation testing are performed using different methodologies that require different cutoff levels. The cutoff levels of an immunoassay (screen) are typically higher than those of a more sensitive GC-MS or LC-MS/MS confirmation test. The reason is that they test for a larger group of parent compounds, metabolites and other structurally similar compounds.

Note: When you hear the term “false positive,” it generally refers to a test that was non-negative on an immunoassay test and not sent for confirmation testing. The nature of a screening test is to “cast a wide net.” Some non-negative screening results end up negative when sent for GC-MS.

It depends.

Clearly if the employee has been terminated, he can’t be tested.

But what if he’s sick when the on-site drug test collector shows up? Or he’s on vacation?

For non-regulated (N0n-DOT) employers, it’s really up to the employer and the written drug-free workplace policy. It’s recommended, though, that you follow the DOT model for random testing.

For DOT drug testing, following are the best practices according to ODAPC (Office of Drug & Alcohol Policy & Compliance) when a selected employee is not available.

Best Practices:

• If an employee selected for testing is known to be unavailable during the selection cycle 
(legitimate extended absence, long-term illness, etc.), document the reason and make-up the rate shortfall by making another selection, or make an extra selection during the next selection cycle. 

• An employee is selected for testing but has not received notice since it is his day off, test the employee during his or her next shift within the same selection cycle.
• No employee should be excused from testing because of operational difficulties. See your industry specific regulations and interpretations for legitimate exceptions. 

• Once the employee is notified to report for testing and the test does not occur, the opportunity for the random testing is over. There is no second “bite of the apple.”

For instance:

If Max is out sick on the day of testing, he clearly should be tested in the current selection period as opposed to testing an alternate employee. If Max is out for the entire selection period, then an alternate may be selected. Or, the shortfall for the selection period can be made up in the following period, provided it’s not the final period of the year. You need to meet or exceed the minimum random testing percentage for the year.

The last bullet point regarding the second “bite of the apple” is one that merits particular attention. Under DOT guidelines, when an employee is notified of a random test s/he must proceed IMMEDIATELY for testing. Not tomorrow. Not when the shift ends. Immediately.

The employer gets to decide when to notify the employee, but once notified, the employee’s next actions should result in a drug test without undue delay. If he does not proceed immediately, it is a refusal to test.

Random testing is important for any drug and alcohol testing program, regulated or not. It is the most effective deterrent to drug and alcohol use in the workplace. But if not managed properly and consistently, it loses its effectiveness.

Properly managed employee drug testing benefits employers and employees alike:

• Saves lives
• Prevents injuries
• Improves productivity
• Helps employers identify workers with substance abuse issues – and gets them help
• Enables employees to easily say no to illegal drug use. (“No, thanks. They drug test at work.”)
• Reduces employer liability

Can employee drug testing be accurate and fair? If it’s not, you’re not doing it right. Get in touch with us to set up drug testing at your workplace.

When random selections are made, your company’s Designated Employer Representative (DER) is provided with the list of selected employees. The DER chooses the time for testing within the quarter and notifies each employee at the appropriate time.
Your DER is permitted to schedule that testing when it is convenient for your company. Although the employee cannot be notified ahead of time, the DER can schedule the test when the employee’s brief absence from work for testing would cause the least amount of disruption. Keep in mind that once notified, the employee must proceed immediately for testing.

InOut Labs generally selects randoms quarterly (i.e. four times per year). Some clients, however, prefer monthly selection. We also manage a number of seasonal employers for whom we make selections Q2, Q3 and Q4 only. Regardless of how often selections are made, we always make sure that the selection percentages are performed according to the federal regulations.

If you have a reasonable suspicion that a DOT-regulated safety-sensitive employee may be using drugs, you are to send him for a Reasonable Suspicion drug test. Your determination to test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The supervisor making the Reasonable-Suspicion determination must be trained in reasonable suspicion.

Conducting a “random” test without documentation that shows how the individual was selected could put your company at risk for legal action. See What exactly IS a “random” drug test?

This one can be complicated.

If the employee is not presently working and available to perform safety-sensitive functions, he should not go for testing at this time. Document the reason and select an alternate.

If the individual is driving, or available to drive, did the prescribing physician know that he drives for a living? The doctor may decide he shouldn’t drive while on the pain medication or may be able to prescribe something different that won’t affect his driving.

Should the result come back positive, the MRO would call him and discuss the result and the driver would would be asked to produce the prescription which the MRO will verify. If the prescription is valid, the result will be reported as negative. BUT, the MRO may attach a safety concern.

No. The employee who was randomly selected for random drug tests must be tested. You cannot get an alternate selection or send another employee simply because an individual has been selected multiple times. The DOT regulations require it and the integrity of your random drug testing program depends on it.

Why are some people randomly tested more than once?

“Am I being singled out? I just did a random last month? Mike never gets tested. I don’t think this thing is random at all!”

Those are not uncommon concerns among some safety-sensitive employees, and many employers have been challenged in court to demonstrate that their programs are truly random. The reality is that in a truly random selection process, a high probability exists that some employees will be selected several times while others may never be selected.

Why? Because after each selection, the employee’s name is returned to the same pool, and he or she becomes just as likely as anyone else to be selected next time

Random selections are generated from an unbiased computerized selection program. As such, every employee in the testing pool has an equal chance of being selected during each selection period. Some employees are selected multiple times during the calendar year, while others may not be selected at all.

An employee can be randomly selected multiple times during a calendar year. Employees have an equal chance of being selected in each selection period, regardless of prior selections. See this post for details.

If you are planning to do a random drug and alcohol testing during a weekend safety meeting, here is what you should know: you can do a Drug test, yes. Alcohol test, no. Since drug use is prohibited at all times, you can conduct random drug tests at any time. But Random alcohol tests must be conducted just before, during or after a driver has performed safety-sensitive functions (e.g., drive). Wait until a regular work day to send the employee for a Random alcohol tests.

Yes. The only time an individual is not allowed to drive his/her CMV to the collection site is for Pre-Employment or Reasonable-Suspicion testing. You’ll want to confirm the collection site has appropriate parking facilities, of course.

Are you wondering when to send employees for random testing? If you are a client of InOut Labs, your DER will receive an email from us with your selection list for the period. The DER chooses the time to send the employees for testing, and is responsible for completing the tests by the end of the selection period (usually the end of the quarter).

Remember that once notified, the employee is to proceed immediately for testing. Not tomorrow, or a week from Tuesday. Now.

Current FMCSA Random testing requirements regarding how many random tests must be done in a calendar year are 50% for drugs and 10% for alcohol.

If your drivers are in a consortium pool for Random selections, the group needs to meet the minimum testing requirements for drugs and alcohol. All you need to do to be in compliance with your Random requirement is to send your employees in for testing when you receive a Random selection.

If your drivers are in a company pool, then you will need at least 8 drivers random tested for drugs and 2 for alcohol to meet the 50% and 10% requirements.

If your wondering if you can tell the driver on Friday afternoon that he has to go for a Random drug test before work on Monday the short answer is: No. You are not to provide any advanced notification of a Random selection. The key to Random testing is that the tests are unannounced.

No. Any employee who is available to drive must be in a Random testing program and must report for testing when selected. By regulation, an alternate cannot be substituted. If he does not report for testing when instructed to, this is a Refusal to Test and must be reported to the FMCSA Clearinghouse. He does not want that and needs to go.

Find out how often should random testing take place from the DOT Publication Best Practices for Random Drug and Alcohol Testing.

What makes random testing so effective is the element of surprise.

While employees know they will be tested, they are never quite sure of when, so random selections and testing should be performed at least quarterly. This is guidance from the DOT, and not specifically in the regulations. At InOut Labs, we have a consortium designed for seasonal employers where no selections are made in Q1.

Some employers select and test more frequently, which is a good idea when it comes to how often should random testing take place.

In an effective random drug testing program, testing must be spread equally throughout the year.

Best practices: Here are smart things you can do to figure out when to test:

• Spread testing dates reasonably throughout the year in a non-predictable pattern.
• Conduct random drug tests anytime employees are on duty or while performing safety-sensitive duties. See your Agency regulations for your specific industry requirements of when to conduct testing. FRA has “hours of service” testing considerations.
• Conduct random alcohol tests just before, during, or just after the employee performs a safety-sensitive job, as described in your industry specific regulations.
• Each workday or weekend, you can enhance the non-predictability of your program by conducting tests at the start, middle, or end of each shift. The worse thing that could happen is for employees to say, “Yup, the last Friday of every month the second shift gets tested.”

From the DOT Publication Best Practices for Random Drug and Alcohol Testing. Let’s see what happens if an employee is not available for random drug testing.

Best Practices For Random Drug Test

• If an employee selected for testing is known to be unavailable during the selection cycle (legitimate extended absence, long-term illness, etc.), document the reason and make-up the rate shortfall by making another selection, or make an extra selection during the next selection cycle.
• An employee is selected for testing but has not received notice since it is his day off, test the employee during his or her next shift within the same selection cycle.
• No employee should be excused from testing because of operational difficulties. See your industry specific regulations and interpretations for legitimate exceptions.
• Once the employee is notified to report for testing and the test does not occur, the opportunity for the random testing is over. There is no second “bite of the apple.”

If an employer is audited by the DOT,  FMCSA or state regulating organization, the auditor will often ask for documentation for tests that were not completed.

Employers need to have policies in place about what to do when an employee is not available for random drug testing.

From the DOT Publication Best Practices for Random Drug and Alcohol Testing.

Every employee should be discreetly notified according to your company’s policy, but random testing must also be conducted in strict confidence with a limited number of people having knowledge of the selection list. Why? Because it helps maintain the element of surprise. Best Practices: Every employer should have procedures in place to ensure that each employee receives no advanced notice of selection. But, be sure to allow sufficient time for supervisors to schedule for the administration of the test and to ensure that collection sites are available for testing. Remember: Employers must provide appropriate privacy for each employee the fact that he or she is being tested.

From the DOT Publication Best Practices for Random Drug and Alcohol Testing.

When an employee is notified, he or she must proceed immediately to the collection site. Contrary to the urban legends circulating among some employees, immediately does not mean two hours. Immediately means that after notification, all the employee’s actions must lead to an immediate specimen collection.

Why? For the integrity of the testing process. Best Practice: Many employers develop random testing procedures or policies that clearly state what activities are acceptable after notification: for instance, which safety-sensitive duties Agency regulations permit them to complete. If an employee is notified of a random test while working “off site” or “on the road,” the company’s policies should spell-out exactly what the employee must do before resuming safety-sensitive functions. That way there is no misunderstanding among employees about what is expected. Note to Service Agents and Consortia/Third Party Administrators: Owner-operators and other employers who themselves perform safety-sensitive duties present a special notification challenge. So, if you are a service agent or C/TPA providing random selections and notices to an owner-operator, you should have written procedures on how they are notified and instructed after notification on when to report to a specific collection site. You must also have a written policy about what constitutes a refusal to test if they fail to appear for a test when notified. You should also provide these written items to these owner-operators and self-employed safety-sensitive employees.

From the DOT Publication Best Practices for Random Drug and Alcohol Testing.

It is the best practice for an employer to document everything on the entire random testing process. This includes the numbers, names drawn, dates and times of notification, dates and times of collections, why a selected employee was not tested during a selection cycle, etc. If you’re not sure, document it!

Best Practices:

• Service agents and C/TPAs providing random selection and testing services to employers should monitor on an ongoing basis (daily or weekly) the random tests that have been completed and compare them to those that were selected. If a random test has not been completed in an acceptable timeframe (within a day or week) of the expected test date, the service agent or C/TPA should contact the employer to determine the status of the test and take the necessary steps to ensure the test is completed within the selection period.
• Employers, service agents, and C/TPA should not wait until the end of the selection period to reconcile the random testing numbers. This is a weak business practice that we want to discourage. Remember: You must maintain all your testing records in accordance with industry specific regulations. For more information, see the document, “Employer Record Keeping Requirements for Drug and Alcohol Testing Information.”