DOT Random Drug Testing

Carolsmith

The company I am employed by has a fleet of Independent Contractors. I am attempting to get information on the process used by other such companies to see if we could stream line our process. The difficulty that I see in our process is that when notifying a Driver that he has been pulled for a Random, sometimes they do not have their Chain of Custody Form in the truck with them. We supply them when they are leased on with us a red bag containing the kit for drug testing which includes the Chain of Custody Form which is printed with the MRO Name, Address, Phone and Fax No. We also use Quest Diagnostics form. In analyzing the process used by our Compliance Department, it is not real efficient, ie. before calling the Independent Contractor, the QualComm is checked to find the location of the Driver. The closest Quest Diagnostic Clinic is telephoned and asked if the Driver fails to have a Chain of Custody Form in his truck, would they alter a form. During my review one of the Compliance Associates called 9 clinics before one would alter the form which meant that she needed to fax a copy of our company's Quest Diagnostic Form with the MRO info on it to the clinic. Now she was ready to call the Driver and the Driver did have the Chain of Custody Form in the truck. Therefore, since the Driver had his form he could then go to any Quest Diagnostic Clinic, which of course he would want to go to the first one on the list, since the computer lists the Clinics according to the lowest mileage from the town that the Truck is sitting in. So calling all 9 Clinics because of not being sure that the Driver had a Chain of Custody Form was a waste of time.

I am told that you don't want to alert the Driver before you find the Clinic for him to go to., but If you knew that he had the form with him it would eliminate calling a list of Clinics within the 30 mile radius of the Truck to see if they would alter a form. Are there rules on how long a Driver has to get to a Clinic after being notified. In the Federal Motor Carrier Safet;y Regs, I believe it stated "immediately".

joannie

FMCS Regulation 382.305 (l) states: "Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately, provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of the notification, the employer shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible."

The only time frame I am aware of under the regulations is all drivers up for randoms must be tested within 30 days of selection or before the next randam date.

As I understand the regulation 382.305, if they are driving they driver directly to the test site, if they are not driving, they quit what they are doing as soon as possible, then they proceed directly to the test site. However, we do not notify our drivers they are up for a random until we are certain they are in a location to be able to proceed to the clinic. We also pull alternate names in case the original drivers are in an area where they can not get to a clinic before the next scheduled random date.

If you don't have a policy requiring the lease drivers to carry the forms in their truck at all times, Iyou might make it a policy. If they did not have the form when called for the random, proceed with disciplinary measures, make notation in youf D & A file why the driver was not sent and proceed to send an alternate