Category: Industry News

Although there are strong voices on either side of the argument for and against medical marijuana, the Department of Transportation (DOT) has made it very clear that safety-sensitive transportation employees—pilots, school bus drivers, truck drivers, ship captains, and subways operators, among others—are not allowed to test positive for marijuana while it remains listed in Schedule I of the Controlled Substances Act. Even if your transportation company is based in a state that has legalized medical marijuana, as long as you and your employees are under the authority of the DOT it’s important that you follow federal medical marijuana guidelines for safety-sensitive transportation providers.

The DOT’s Drug and Alcohol Regulation

Despite the Department of Justice issuing guidelines for Federal prosecutors in states that have enacted laws authorizing the use of medical marijuana, the Department of Transportation will continue to prohibit the use of marijuana, legal or illegal, by any safety-sensitive transportation employee. The DOT does currently authorize medical marijuana to be a valid medical explanation for an employee’s positive drug test.

DOT-Compliant Drug Testing

Safety-sensitive employees are subject to drug and alcohol testing at various points of employment and in numerous situations, including pre-employment, post-accident, and with reasonable suspicion of drug or alcohol use. Employees who test positive for marijuana or any other prohibited substance will be removed from their DOT-regulated functions and not allowed to return to work until they have undergone an evaluation by a Substance Abuse Professional, successfully completed counseling or treatment prescribed to them, and provide a negative test result for drugs and alcohol.

Adhering to DOT Drug Testing Rules

Compliance with DOT drug and alcohol testing is important for your bottom line and also important for the health and safety of your drivers and everyone else on the road. Fortunately, adhering to DOT testing policies is easy when you trust HDS Safety & Compliance for all your safety-sensitive employee testing needs. HDS also provides DOT compliance consulting to help you avoid any trouble with the Department of Transportation for anything you can help.

Drug and alcohol testing is a critical element of the Department of Transportation’s mission to keep all drivers safe, not just those men and women who drive large and potentially dangerous commercial vehicles. Any individual or company who falls under the DOT’s testing requirements will need to implement a drug and alcohol testing program to satisfy the safety standards set by the federal government. This brief article will look at why compliance is important, the elements of a DOT-compliant testing program, and how to easily make sure your organization meets mandatory DOT testing requirements.

Why DOT Compliance Matters

Compliance with the Department of Transportation’s drug and alcohol testing requirements is important for two primary reasons. First, failure to comply can result in heavy fines or the inability to operate your business until back in good standing with the DOT. This can cost you a lot of money, and might even cost you your business. The second reason compliance matters is because a drug- and alcohol-free staff means fewer accidents and less danger to your workforce and everyone else.

Elements of a DOT-Compliant Testing Program

The DOT and the Federal Motor Carrier Safety Administration (FMCSA) require that you develop a written policy on the use and misuse of controlled substances and alcohol in the workplace. Each safety-sensitive employee is required to be given a copy of the drug policy, and employers are requires to maintain a signed statement by each employee certifying receipt of the policy. The DOT and FMCSA also require employers to provide training to all persons who supervise safety-sensitive employees subject to DOT drug and alcohol testing regulations.

Where to Turn for DOT-Compliance Testing

DOT testing regulations are always changing, so it’s important that you use a testing service that stays up-to-date with the latest DOT rules and regulations so you can avoid non-compliance fines and other penalties. HDS Safety & Compliance offers drug and alcohol testing services for motor carriers and employers outside of the transportation industry. To learn more about testing services and DOT compliance consulting, call us in Tucson at (520) 622-0419 or toll-free at (800) 800-7801.

It would be one thing if individuals who abused alcohol and drugs were unemployed, but the fact that people who have substance abuse problems are just as likely to be employed as those who are sober highlights the safety hazards present in the country’s workplaces. Workers who have problems with drugs and alcohol are more likely to hurt themselves and others, either knowingly or on accident, compared to other workers. Here are a few ways you can address the problem of substance abuse among your employees to make your workplace safer, such as learning to recognize the signs of abuse and instating a drug and alcohol screening policy.

Set Clear Rules and Expectations

The first step to addressing drugs and alcohol in the workplace is making sure that your staff knows the rules and expectations in regards to prohibited substances. Not only will this help curb illegal drug use and inappropriate alcohol consumption during work hours, but it will also protect you from legal recourse in the event that you are forced to take disciplinary action against a worker for violating the drug and alcohol policy.

Learn to Recognize the Signs of Abuse

All managers and supervisors should be trained to recognize the signs of drug and alcohol use in the workplace to spot workers who might be under the influence or using illegal substances outside of work. Recognizing the signs of employee substance abuse can help prevent many of the negative consequences of drug and alcohol use among your workforce.

Institute a Screening Policy

Partnering with a drug and alcohol testing company can help you identify employees who are implicitly violating the prohibited substance policy. Companies can provide you with all sorts of testing services, including pre-employment screenings and random drug testing.

HDS Safety & Compliance is a nationwide leader of alcohol and drug testing services. Although we specialize in Department of Transportation compliance testing and reporting, we offer our drug and alcohol screening services for businesses of any size and in any industry. Call us toll-free at (800) 800-7801 to learn more about our screening and reporting services.

Safety-sensitive workers who are subject to Department of Transportation (DOT) rules and regulations are required to undergo drug and alcohol testing at various points, like after an accident or before returning to duty. Motor carriers are also required to administer drug and alcohol testing before hiring a new employee. To ensure that your company stays compliant with DOT testing requirements, partner with a transportation safety and compliance company that offers drug and alcohol testing services including:

Pre-Employment Testing

Before a motor carrier can hire a driver or anyone else who performs a safety-sensitive function, the applicant must first pass a drug screening. Alcohol testing is not required by the Department of Transportation, but you can choose to administer this test if you want additional assurances prior to hiring an employee/driver for a safety-sensitive position.

Post-Accident/Return-to-Duty Testing

Employees/drivers who are involved in an “on-the-job” accident that causes injury or significant property damage are required to take a drug test. Employees/drivers are also subject to drug testing before being reinstated to a position that the DOT considered a “testing designated position.” This pertains to workers who were placed on medical leave (worker’s comp) as well as those who took extended leaves of absence for personal or medical reasons.

Random Testing

Safety-sensitive workers who are subject to DOT rules and regulations are subject to random drug and alcohol testing. By enrolling in our Clean Fleet Consortium, you can take the guesswork and headache out of determining which employees are subject to random testing. We generate unbiased random computer selections using the criteria established by the Federal Motor Carrier Safety Administration (FMCSA).

HDS Safety & Compliance administers DOT drug and alcohol testing programs for transportation carriers. We can also implement a drug- and alcohol-free workplace program for companies that are not subject to DOT testing regulations. Call us toll-free at (800) 800-7801 to learn more about our drug and alcohol testing services.

Pre-employment drug screening is required of any motor carrier or organization that employs or seeks to employ safety-sensitive workers who are subject to Department of Transportation (DOT) rules and regulations. However, there’s a good reason to perform pre-employment screening on potential job candidates even if your organization doesn’t fall under DOT testing regulations: it could save you money. Read on to learn more about how pre-employment drug screening could save your business money, as well as a few other reasons to mandate drug testing as a condition of employment.

Hire Responsible and Trustworthy Employees

First and foremost, pre-employment drug screening enables you to make confident hiring decisions that can have a huge impact on your business. According to the U.S. Department of Labor, drug use in the workplace costs employers approximately $81 billion annually. Pre-employment screening allows you to identify those applicants whose drug problem can pose a serious risk to your business.

Reduce the Likelihood of a Costly Accident

Individuals who abuse drugs typically have lower physical and/or mental reflexes as non-abusers. Depending on the type of business you operate and what type of position you are filling, hiring an individual who uses illegal drugs can increase the risk of a costly accident that may result in property damage, physical injuries, or even death.  

Reduce Employee Turnover

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), nearly seven percent of adults employed full time currently use illegal drugs. If you don’t implement a pre-employment drug screening policy, there’s a chance you could hire a drug abuser who will eventually need to be replaced. By making an informed hiring decision upfront, you can reduce employee turnover and save yourself the cost of hiring and training as many new employees.

HDS Safety & Compliance is one of the leading drug and alcohol testing providers for motor carriers in Arizona, but we can also implement a drug-free workplace at companies that do not fall under the DOT testing regulations. To learn more about our pre-employment drug screening services, please call us at 1-800-800-7801.

This article was first published at ccjdigital.com

A federal rule to require truck operators to use electronic logging devices to keep records of duty status is slated to be published in the Federal Register on Friday, the Federal Motor Carrier Safety Administration has announced. The rule will take effect Dec. 11, 2017, giving carriers and drivers a two-year window to comply with the rule’s requirements.

Upon beginning use of an ELD, drivers will no longer be required to keep and maintain paper logs. They will, however, be required to maintain supporting documentation and submit them to their carrier or, for owner-operators, keep them on file.

The rule requires drivers currently required to keep paper logs to use ELDs, with a few exceptions (see them below). The mandate, however, will not apply to drivers of vehicles built in the year 2000 and before — a change made from 2014’s proposed version of the rule.

The rule also spells out safeguards against driver harassment via the devices, hardware specifications of the devices and supporting documentation drivers must continue to keep after the mandate.

FMCSA says the rule will save the industry $1 billion a year, mostly in time and money saved on paperwork, the agency says. It also says the rule will “save 26 lives and 562 injuries” a year, the agency said in a press release.

Here’s a look at the mandate’s key components:

Mandating ELDs

The ELD mandate will apply to all drivers required to keep records of duty status, except drivers who (1) keep records of duty status on 8 or fewer days out of every 30 working days, (2) drivers in drive-away and tow-away operations and (3) truckers operating vehicles older than model year 2000.

The devices must be installed and in use by Dec. 11, 2017 — two years after its scheduled Dec. 11, 2015, publication date.

Device specifications

ELDs that meet the minimum standards spelled out in the rule will not be required to track a vehicle or a driver in real-time. They also will not be required to include driver-carrier communication capabilities.

They must, however, be able to automatically record date, time and location information; engine hours; vehicle miles; and ID information of the driver using the device.

The devices must sync with its corresponding vehicle’s engine to record engine on and off time.

The rule also requires compliant devices to be able to transfer data during roadside inspections “on-demand,” via either a wireless Web-based services, email, USB 2.0 or Bluetooth. The rule also stipulates that the ELDs “present a graph grid of a driver’s daily duty status changes either” on the units themselves or in printouts.

Supporting documents

Drivers, while not required to keep paper logs, still must keep a maximum of eight supporting documents, either electronic or paper, for every 24-hour period that includes on-duty time. They must submit these supporting documents to their carrier within 13 days of receiving them, and carriers must retain the documents — along with records of duty status — for six months.

Supporting documents include: (1) bills of lading, itineraries, schedules or other documents that show trip origin and destination, (2) dispatch records, trip records or similar documents (3) expense receipts, (4) electronic mobile communication records sent through fleet management systems or (5) payroll records, settlement sheets or similar documents that show what and how a driver was paid.

If a driver submits to a carrier more than eight documents for a 24-hour period, the carrier must keep the first and last document for the day and six others. If fewer than eight are submitted, carriers must retain all of them.

Harassment of drivers

A similar ELD-mandate set for implementation in 2012 was tossed in court over its lack of protection against driver harassment. In accordance with that, FMCSA’s new rule makes it illegal for carriers to use the devices to harass drivers, puts in place fines for doing so and puts in place a system for drivers to report such instances.

The rule defines harassment of drivers via an ELD as any action by a carrier toward a driver that the carrier “knew or should have known” would have interrupted a driver’s off-duty time. “Harassment must involve information available to the motor carrier through an ELD or other technology used in combination with and not separable from an ELD,” the rule states.

More on the rule’s driver harassment provisions will be posted later today.

Many employers use random workplace drug checks to discourage their employees from using drugs. This might clue management into existing problems as well as help them prevent new ones from forming, which leads to a more positive work environment. Read on if you are interested in exploring the effectiveness of random workplace drug checks.

Addressing Existing Drug Problems

Drug addiction is not just a problem in the workplace; it is a problem that encompasses the victim’s entire life. It can be incredibly difficult to eliminate such a habit, but random workplace drug checks may serve as the motivation needed to move on. These checks will allow employers to identify drug users in the workplace and take the appropriate disciplinary action.

Preventing Future Problems

In addition to alerting employers to existing drug problems, random workplace drug checks can also prevent additional problems from occurring. Someone who passes an initial drug screening upon hiring may decide to experiment with drugs later on in his or her career, and this can cause problems in and beyond the person’s workplace. In this case, random workplace drug checks can motivate individuals who are tempted by drugs to move in the opposite direction and get their acts together, allowing them to keep their jobs and livelihoods.

Improving the Workplace

A drug-free work environment has the potential to be much more productive than one that does not address drug problems. Drugs may prevent employees from performing optimally in the workplace, and they may distract others who work in the office as well. Drug checks can eliminate problematic behaviors and keep your workforce in top shape.

For more information about the effectiveness of random workplace drug checks, feel free to contact HDS Safety and Compliance or visit our website. Our team is dedicated to keeping your workplace clean by providing drug and alcohol screening services. Please do not hesitate to call us at (520) 622-0419 to find out more about what we can do for you.

It’s safe to say that nearly all of us understand why DOT regulations regarding drug and alcohol use exist. But it’s also safe to wonder exactly what drug and alcohol screening entails. This blog will help you understand the U.S. Department of Transportation’s rules and regulations regarding drug and alcohol testing for truckers and how HDS Safety and Compliance can help your company stay safe and compliant.

What Does the Drug Test Entail?

The Department of Transportation requires a five-panel drug test for the detection of the following narcotics:

  • Cocaine
  • Opiates (like heroin or morphine)
  • Marijuana
  • Amphetamines
  • Phencyclidine, better known as PCP

The Department of Transportation only recognizes urinalysis (urine tests) as a valid form of drug testing, and although many drug compounds can be out of a person’s system in a matter of days (like cocaine), drug screens still prove to be a major deterrent.

Why Are Truckers Drug Tested?

Before a trucker is able to work as a truck driver, they must undergo drug and alcohol screening. Once they’re hired, truckers are often randomly tested, meaning that they are ordered to report to a testing location within a given amount of time, regardless of whether or not they are on-duty or off. In addition, all truck drivers are required to be tested for alcohol within 8 hours of a fatal accident as well as drug tested within 32 hours. Finally, the law allows for “reasonable suspicion” tests which are triggered by either the behavior, speech, or even smell of the trucker (and obviously the smell in question isn’t garlic, it’s liquor!) If a trucker fails a test, they must pass a series of “return to duty” tests, but it’s safe to say that a negative test can easily place a  trucker’s career on the road in jeopardy.

All of these regulations and opportunities for testing make it extremely difficult for a person with an alcohol or drug problem to be behind the wheel of a 40-ton semi. The stringent regulations, in addition to the efforts of companies like HDS Safety and Compliance, make our roadways safer without the average driver even knowing about it. If you want to learn more about how drug and alcohol screening for your company, call us at 1-800-800-7801 or contact us on the web today.

The Federal Motor Carrier Safety Administration (FMCSA) has proposed changes to its Motor Carrier Management Information System (MCMIS). These changes will allow the states to reflect the results of adjudicated citations related to roadside inspection violation data collected in MCMIS.

Individuals must submit certified documentation of adjudication results through a Request for Data Review (RDR) in FMCSA’s DataQs system to initiate this process. MCMIS is being modified to accept adjudication results showing that a citation was dismissed or resulted in a finding of not guilty; resulted in a conviction of a different or lesser charge; or, resulted in conviction of the original charge. The adjudication results will impact the use of roadside inspection violation data in other FMCSA data systems. These changes are intended to improve roadside inspection data quality.

Inspection data
State and local law enforcement officials routinely conduct roadside inspections documenting violations of laws or regulations that are compatible with the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). These law enforcement officials, at their discretion, may issue citations for the violations recorded on the roadside inspection report.

States are responsible for entering roadside inspection and violation data into SafetyNet, a database management system that allows entry, access, analysis, and reporting of data from driver/vehicle inspections, crashes, investigations, assignments, and complaints. SafetyNet provides data to MCMIS that interfaces with several databases, including:

The Safety and Fitness Electronic Records (SAFER) system;
Pre-employment Screening Program (PSP); and
Safety Measurement System (SMS) for the Compliance, Safety, Accountability program.
SafetyNet and MCMIS have always contained records of inspections and reportable crashes.

DataQs process
Pursuant to 49 CFR 350.201(s), one condition for participation in the Motor Carrier Safety Assistance Program (MCSAP) is that a state establish a program to ensure that accurate and timely motor carrier safety data are collected and reported and that the state participates in a national motor carrier safety data correction system prescribed by FMCSA. DataQs is that national motor carrier data correction system.

DataQs is an online system that provides an electronic means for drivers, motor carriers, and members of the public to submit concerns about the accuracy of crash, inspection, and violation data in FMCSA data systems. When a request for an RDR is filed, the DataQs system automatically forwards the request to the appropriate federal or state office for processing and resolution (https://dataqs.fmcsa.dot.gov/).

The data system and policy changes will allow drivers, motor carriers, and members of the public to file an RDR in FMCSA’s DataQs system and to seek acknowledgement of the adjudication in the inspection record. The change in the state data systems will parallel corresponding changes to FMCSA data systems. A citation that has been resolved through a judicial or administrative process, regardless of outcome, is considered to be adjudicated.

FMCSA believes these changes will:

provide a uniform and orderly process to incorporate recording adjudicated citations through DataQs under the state’s MCSAP Commercial Vehicle Safety Plans and budgets;
provide an effective process to ensure system effectiveness and data quality; and
reduce the cost of applying and implementing these changes across the agency and the states.
FMCSA is requiring that MCSAP grantees follow this policy of recording adjudication results as a condition of their grant funding under 49 CFR 350.201.

New data field
Previously, SafetyNet and MCMIS recorded inspection and violation data from the initial inspection report only and did not contain a data field that would allow the state to append the result of an adjudicated citation to the appropriate violation on the inspection report. With these changes, SafetyNet and MCMIS will be modified to provide a field that may be populated with the adjudication result of a citation associated with the related inspection report. The adjudication result will impact the use of the related violations in SMS and PSP.

Implementation
FMCSA’s State Programs Division will issue direction to the MCSAP agencies explaining the expectations and responsibilities related to the adjudicated citation process. This policy will apply to inspections occurring on or after August 23, 2014, and will be included in the next version of the DataQs manual.

FMCSA will conduct training for DataQs analysts through DataQs email blasts, training bulletins, and webinars. The webinars and other training will be provided to DataQs analysts before the policy is implemented to improve the consistency of implementation. The agency will also be providing training to its own staff. In addition, information will be available on the agency’s website and on the DataQs website.

The Federal Motor Carrier Safety Administration (FMCSA) is reminding interstate commercial drivers that beginning today, all new DOT physicals must be performed by a qualified health professional who is listed on the National Registry of Certified Medical Examiners.

“Safety is our highest priority and it is vital that every commercial truck and bus driver be qualified, alert, and focused when they are behind the wheel,” said Secretary Anthony Foxx. “Medical examiners equipped with a thorough understanding of DOT fitness standards will be able to ensure that commercial drivers meet the health requirements necessary to operate on our highways and roads, thereby strengthening safety for every traveler.”

The new program was required by federal law. It addresses four National Transportation Safety Board recommendations and sets training and testing baseline standards for medical professionals who perform physicals for commercial drivers. It also provides standards for tracking driver medical certificates.

Presently, approximately 22,000 medical professionals have completed the coursework and testing. These individuals are listed on the National Registry. Another 27,000 have started the certification process. Medical certificates currently held by commercial driver’s license (CDL) holders will continue to be valid until their respective expiration dates. After this, the driver will need to seek a certified medical examiner to perform their new physical examination.

“We have certified thousands of health professionals to conduct driver exams – with more being added every day,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “The online database is easily searchable so drivers can schedule their medical certification exam with a qualified healthcare professional wherever they might be – coast to coast, including Hawaii and Alaska.”

A DOT medical exam considers a multiple factors to determine a driver’s ability to safely operate a commercial vehicle. The conditions the exams consider include cardiovascular disease, respiratory and muscular functions, vision, and hearing.

All interstate commercial truck and bus drivers must pass a DOT physical a minimum of once every two years in order to obtain a valid medical certificate, keep their CDL, and legally operate a commercial motor vehicle (CMV).

Medical examiners who appear on the National Registry will also need to demonstrate and maintain competence through periodic training and recertification tests. Examines who fail to maintain these federal standards will be removed from the registry.

The FMCSA developed the National Registry of Certified Medical Examiners program as part of its commitment to enhancing the medical oversight of interstate drivers, and preventing commercial vehicle-related crashes, injuries, and fatalities. To learn more, visit the FMCSA website.