Month: December 2019

2020 DOT Random Testing Rates

Posted by on in Regulatory Update, USDOT Drug Testing

The following outlines the annual minimum drug and alcohol random testing rates established within DOT Agencies and the USCG for 2020.

DOT Agency 2020 Random Drug Testing Rate 2020 Random Alcohol Testing Rate
Federal Motor Carrier Safety Administration (FMCSA) 50% 10%
Federal Aviation Administration (FAA) 25% 10%
Federal Railroad Administration (FRA) 25% – Covered Service 10% – Covered Service
50% – Maintenance of Way 25% – Maintenance of Way
Pipeline & Hazardous Materials Safety Administration (PHMSA) 50% N/A
Federal Transit Administration (FTA) 50% 10%
United States Coast Guard (USCG) 50% N/A

 

Note: Employers (and C/TPAs) subject to more than one DOT agency drug and alcohol testing rule may continue to combine covered employees into a single random selection pool.

 

USCG covered employees may be combined with DOT covered employees in drug testing pools even though the USCG is now part of the Department of Homeland Security.

Consortium/Third-Party Administrator (CTPA)

Posted by on in USDOT Drug Testing

Nationwide Testing Association, Inc., is a Consortium/Third-Party Administrator. Being a C/TPA means that we manage all, or part, of our client’s DOT drug and alcohol testing program. Our goal as a C/TPA is to guide our clients in safety and regulatory compliance.

As a DOT Consortium, we play a unique service agent role for our owner operator and single driver clients. While 40.355 (K) prohibits service agents from serving as “designated employer representatives” (DER), the consortium is authorized to perform a number of employer functions for you. Larger DOT-Regulated employers may choose to be part of our consortium, or request a stand-alone DOT random testing program.

Would you like to learn more about our programs? Learn More!

We are the industry leader for DOT, Department of Transportation, compliant drug and alcohol testing programs, as well as our program administration, and customer service!  Would you like to learn why?

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Medical & Recreational Marijuana in a DOT Regulated Workplace

Posted by on in USDOT Drug Testing

As more and more states enact laws authorizing the use of medical and recreational marijuana, it is increasingly important for employers to stay informed. We have had several inquires about whether the Department of Transportation would change its longstanding regulation about the use of marijuana by safety-sensitive transportation employees. The Department of Transportation’s regulations impact pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire-armed security personnel, ship captains, and pipeline emergency response personnel, among others.

 

The Department of Transportation’s Drug and Alcohol Testing Regulations – 49 CFR Part 40 at 40.151(e) – does not authorize “medical marijuana” under state law to be a valid medical explanation for a transportation employee’s positive drug test result.

 

“40.151 (e) – You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in schedule I of the Controlled Substance Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.) “

 

Marijuana remains a drug listed in Schedule I of the Controlled Substance Act. It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.

 

The purpose of these regulations is to assure the traveling public that our transportation system is the safest it can possibly be. It continues to be important to educate all of your safety-sensitive employees on the regulations and ensure that you are operating safely.

 

If you would like our help or are interested in talking to us, then contact us. We have been helping companies promote safety for over 38 years!

Understanding The FMCSA Clearinghouse!

Posted by on in Regulatory Update, Training, USDOT Drug Testing

In preparation for the upcoming FMCSA Drug & Alcohol Clearinghouse effective January 6, 2020, NTA offers:

  • Updated FMCSA Substance Abuse Policies and Driver Educational Materials to add the new component of FMCSR Part 382.601 (#12). These updates are included in the Annual Management Fee for existing clients.
    • Policies and Educational material can be purchased by non-clients for $50.00.
  • Important: Owner-operators are required to designate a Third Party Administrator (TPA) to manage their clearinghouse processes. Nationwide Testing Association Inc is your Third Party Administrator. If you need help registering and designating us as your TPA, please call our office.
    • Managing the clearinghouse process for owner-operators will be included in your annual management fee.

 

Our clients may choose to add the following package of services to their program. This package may be billed as a monthly, quarterly, or yearly subscription.

  • Full Queries run automatically after the completion of a pre-employment DOT drug test.
  • Annual Limited Queries run automatically on all drivers, either based on a predetermined date or scheduled with your annual MVR with Nationwide Testing Association.
  • Coordination, evaluation, and assistance with all required reporting.
  • Assistance in understanding and interpreting clearinghouse data.

Contact us today for more information!

FMCSA Drug & Alcohol Clearinghouse Services

Posted by on in Medical Review Office, Regulatory Update, USDOT Drug Testing

In preparation for the upcoming FMCSA Drug & Alcohol Clearinghouse effective January 6, 2020, NTA offers:

  • Updated FMCSA Substance Abuse Policies and Driver Educational Materials to add the new component of FMCSR Part 382.601 (#12). These updates are included in the Annual Management Fee for existing clients.
    • Policies and Educational material can be purchased by non-clients for $50.00.
  • Important: Owner-operators are required to designate a Third Party Administrator (TPA) to manage their clearinghouse processes. Nationwide Testing Association is your Third Party Administrator. If you need help registering and designating us as your TPA, please call our office.
    • Managing the clearinghouse process for owner-operators will be included in your annual management fee.

 

Our clients may choose to add the following package of services to their program. This package may be billed as a monthly, quarterly, or yearly subscription.

  • Full Queries run automatically after the completion of a pre-employment DOT drug test.
  • Annual Limited Queries run automatically on all drivers, either based on a predetermined date or scheduled with your annual MVR with Nationwide Testing Association.
  • Coordination, evaluation, and assistance with all required reporting.
  • Assistance in understanding and interpreting clearinghouse data.

 

Contact us for a quote!

Reviewing the Annual MVR

Posted by on in Motor Vehicle Reports & Background Checks, Regulatory Update

(FMCSR Part 383.51)

When reviewing the annual MVR of a driver holding a CDL, the manager should be looking at any convictions for “Serious Traffic Violations”.  The manager should be assessing how many have occurred, was the conviction in a commercial motor vehicle or personal vehicle, and when the convictions occurred.  CDL holders are penalized if they accrue too many violations within a certain period.

How many convictions of a serious traffic violation should you look for?

If a driver has 2 convictions of a serious traffic violation that occurred in the commercial motor vehicle within a 3 year period, his CDL is automatically suspended for 60 days.

If a driver has 3 convictions of a serious traffic violation that occurred in the commercial motor vehicle within a 3 year period, his CDL is automatically suspended for 120 days.

Do convictions of serious traffic violations that occurred in a non-commercial motor vehicle count?

Yes, IF the conviction resulted in the revocation, cancellation, or suspension of the CDL holder’s license or non-CMV driving privileges.

If a driver is convicted of serious traffic violation in a non-commercial motor vehicle that doesn’t result in revocation, cancellation, or suspension of the CDL holder’s license or non-CMV driving privileges, the offense will not be considered.

When reviewing and evaluating the MVR, what red flags does the manager look for?

He/she should be looking for convictions of serious traffic violations as outlined above within the time periods as outlined above.  For example, if a driver has 1 conviction of a serious traffic violation, the manager should point this out to the driver and remind him that just 1 more conviction could result in the suspension of the CDL for 60-120 days.

If excessive points are on the MVR, the manager should evaluate what the points consist of, particularly if they have accumulated in the commercial motor vehicle.  He/she should then counsel the driver accordingly.  A consultation with the company liability insurance agent would be appropriate in the case of excessive points.

Is the driver required to notify the motor carrier of convictions and/or suspensions of license?

Yes, FMCSR Part 383.31 clearly states that the driver must notify the employer when convicted of any traffic violation (other than parking) within 30 days after the date of conviction.  In addition, a driver must notify his resident state of any convictions of a traffic violation (other than parking) that occurred in another state within 30 days of the conviction.

The notification to the state and the employer must be made in writing and contain the following information:  Full name, license number, date of conviction, the specific offense, indicate whether the conviction was in a commercial motor vehicle, location offense and driver’s signature.

FMCSR Part 383.33 clearly states that any driver who has a driver’s license suspended, cancelled, or revoked or loses the right to operate a commercial motor vehicle due to disqualifying offenses for any period of time, must notify the employer before the end of the business day following the day of the suspension, revocation, cancellation, lost privilege, or disqualification.

*Definition of Serious Traffic Violation

(FMCSR Part 383.5)

  1. Excessive speeding, involving any single offense for any speed of 15 miles per hours or more above the posted speed limit
  2. Reckless driving, as defined by State or local law or regulation, including but not limited to offenses of driving a CMV in willful or wanton disregard for the safety of persons or property
  3. Improper or erratic traffic lane changes
  4. Following the vehicle ahead too closely
  5. A violation, arising in connection with a fatal accident, of State or local law relating to a motor vehicle traffic control
  6. Driving a CMV without obtaining a CDL
  7. Driving a CMV without a CDL in the driver’s possession. (If the driver can provide proof that he/she held a valid CDL by the date the driver must appear in court, he/she shall not be guilty of this offense)
  8. Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or the type of cargo being transported Contact us today to get set up for background checks and motor vehicle reports! We are proud to be your one-stop-shop for DOT compliance!