The Department of Transportation published a notice granting a three-month waiver from certain pre-employment testing requirements applicable to employers of drivers subject to 49 CFR part 382 in June. FMCSA recently clarified the notice concerning CDL permits. Read more about the regulations and noted issue below and how we can help.
FMCSA Pre-Employment Testing Clarification
FMCSA in Washington recently clarified that the widely accepted interpretation of regulations concerning CDL permits is actually incorrect. Previously, the understanding of the regulation was that anytime a future CDL employee was going to obtain their written CDL permit within 30 days, the employer could conduct a CDL pre-employment screen. It is against Federal regulations to use a Federal form on anyone that isn’t a CDL holder. With this change the only time a DOT chain of custody should be used for an FMCSA employee is when the driver has at least a CDL Permit at the time of the test. If there isn’t at least a permit and a DOT test is conducted this can lead to corrections having to be sought directly from the employer to FMCSA and the Clearinghouse.
To assist further, please see a breakdown of a few items below:
Driver means any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
§382.301 Pre-employment testing.
(a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.
When are drivers subject to the DOT Drug and Alcohol testing requirements?
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.
This is why it is important to have experts like Tomo Drug Testing, with a dedicated compliance specialist, to assist with your company’s Clearinghouse needs. We are able to ensure the potential hire has the required CDL or CDP, and that the ￼ candidate is eligible for a pre-employment test.
If you need assistance with your company’s drug testing policy or FMCSA Clearinghouse Compliance, contact Tomo Drug Testing for help. Based in Springfield (MO), St. Louis (MO), Kansas City (MO), Indianapolis (IN), and Tulsa (OK), we offer customized solutions to make drug testing simple, and our nationwide network of clinics and providers allows Tomo Drug Testing to be available anytime, anywhere. For a free needs analysis, give us a call today at 1-888-379-7697 or contact us online. We would be happy to help!