Discovery and Retention of Drug and Alcohol Records: Overview The regulations erect hurdles to production of drug and alcohol testing records and privileges which may prevent the motor carrier from disclosing results even when it would like to do so. Note that a subpoena will not suffice and may be…
Drug and Alcohol Training: Overview The regulations provide explicit directions for required education of drivers on alcohol/drug use policies, and the legal ramifications of drug and alcohol use while performing safety sensitive functions. Further, the regulations require certain training of driver supervisors to enable them to determine whether reasonable suspicion…
Consequences for Drug and Alcohol Use: Overview The regulations provide rules for the driver who has tested positive in a number of sub-parts. For example, at 49 C.F.R. 382.215, a driver who tests positive for a controlled substance can not perform any safety-sensitive function. Explicit instruction is set forth at…
Pertinent Case Law In a case involving a challenge to the FMCSA regulations governing assignment of safety fitness ratings of motor carriers, the Court of Appeals for the District of Columbia held that violation of regulations pertaining to alcohol use, and by implication controlled substance use, were properly designated as…
Drug & Alcohol Use by Drivers: Overview Use of alcohol or controlled substances by employees performing “safety sensitive functions” before or while driving is strictly regulated. However, there are certain limited exceptions which to be kept in mind if a positive post accident test result is uncovered. The regulations create…
Observations The specific requirements for an alcohol or controlled substance test are carefully described in the regulations. A written record describing these “contemporaneous, articulatable observations” must be prepared before the test results are reported. If reasonable suspicion testing occurred on the subject driver, review not only the results, but the…
Reasonable Suspicion (382.307): Overview The implications of reasonable suspicion testing are significant. It shows that a supervisory employee trained to recognize signs of alcohol or drug use was concerned enough to order the driver to undergo testing. This presents an expense to the employer, in the test itself, lost time…
Random Testing: Overview All motor carriers must participate in a random testing program that tests for alcohol and drugs. The regulations set out detailed requirements of the percent of employees performing safety-sensitive functions who must be tested. No reported case involving a personal injury claim against the motor carrier, and…
Post-Accident Drug And Alcohol Testing: Observations The regulations contemplate the possibility of a “team driver” situation, and require testing for both the driver behind the wheel and the co-driver. This can be significant because it is not unheard of for drivers to swap seats after an accident. A driver is…
Post-Accident Alcohol and Drug Testing: Overview Post-accident testing is a critical part of any investigation into a wreck involving a commercial motor vehicle. Despite the specific rules regarding when a test is required, it is not at all uncommon for a motor carrier to fail to perform a post-accident test. …