Recent News & Updates

Driver Qualification File Requirements

Files

Regulation 49 CFR 391 explains the minimum requirements for commercial motor vehicle drivers. Motor carriers are required to maintain a qualification file for each of their drivers. The following information will help you be certain that each driver qualification file is complete.

Initial Driver Qualifications File Requirements:

  • Driver’s Application for Employment – 49 CFR 391.21
    • Must retain for life of employment + 3 years after termination
  • Driver’s Road Test Certificate or Equivalent – 49 CFR 391.31(e)
    • Must retain for life of employment + 3 years after termination
  • Inquiry to Previous Employers: Safety Performance History Records Request – 49 CFR 391.23 (a)(1) and (b)
    • Must retain for life of employment + 3 years after termination
  • Safety Performance History Records: Driver Correction or Rebuttal (If applicable) – 49 CFR 391.23 (i)(2) and  49 CFR 391.23 (j)(3)
    • Must retain for life of employment + 3 years after termination
  • Inquiry To State Agencies for 3-Year Driving Record – 49 CFR 391.23 (a)(1) and (b)
    • Must retain for life of employment + 3 years after termination
  • Pre-Employment Drug and Alcohol Documents – 49 CFR 40.25(j); 49 CFR 382.301
    • Must retain for 1-Year for negative results and 5-years for verified positive drug test results

Ongoing Updates:

  • Inquiry To State Agencies for Driving Record – Annual – 49 CFR 391.25 (a) and (c)
    • Must retain for 3 years from the date of execution
  • Review of Driving Record – Annual – 49 CFR 391.25 (c) (2)
    • Must retain for 3 years from the date of execution
  • Driver’s Certificate of Violations – Annual – 49 CFR 391.27
    • Must retain for 3 years from the date of execution
  • Medical Examination Report and Medical Examiner’s Certificate – 49 CFR 391.43
    • Must retain for 3 years from the date of execution
  • Employer note verifying that medical examiner is listed on National Registry of Certified Medical Examiners – Non-CDL Drivers: 49 CFR 391.51 (b)(9)(I); CDL Drivers: 49 CFR 391.51 (b)(9)(ii)
    • Must retain for 3 years from the date of execution

The following additional documents are only required for certain types of drivers, or in specific situations. 

  • Entry-Level Driver Training Certificate – 49 CFR 380.509(b)
    • All CDL drivers with less than one year experience must provide this certificate.
      • Must retain for 3 years from the date of execution
  • Longer Combination Vehicle (LCV) Driver Training Certificate – 49 CFR 380.401
    • A driver must not operate an LCV unless the driver can produce an LCV Driver Training Certificate or an LCV Driver Training Certificate of Grandfathering
      • Must retain for life of employment + 3 years after termination
  • Multiple-Employer Drivers – 49 CFR 391.63
    • For drivers with multiple employers
      • Must retain for life of employment + 3 years after termination
  • Skill Performance Evaluation Certificate – 49 CFR 391.49
    • Must retain  for 3 years from date of execution

For more information on DOT compliance and workplace safety, contact us today at 1.800.452.0030!

DOT CBD Notice

CBD Molecule

DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE

 

The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act.  Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances.  THC is the primary psychoactive component of marijuana.  Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act.

 

We have had inquiries about whether the Department of Transportation-regulated safety-sensitive employees can use CBD products.  Safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include:  pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others.

 

It is important for all employers and safety-sensitive employees to know:

 

  1. The Department of Transportation requires testing for marijuana and not CBD.

 

  1. The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate. The FDA has cautioned the public that: “Consumers should beware purchasing and using any [CBD] products.”  The FDA has stated: “It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.”*  Also, the FDA has issued several warning letters to companies because their products contained more CBD than indicated on the product label. **[i]

 

  1. The Department of Transportation’s Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason. Furthermore, CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result.Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.

 

It remains unacceptable for any safety-sensitive employee subject to the Department of Transportation’s drug testing regulations to use marijuana.  Since the use of CBD products could lead to a positive drug test result, Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.

 

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. This policy and compliance notice is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty.  Conformity with this policy and compliance notice is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations.  Safety-sensitive employees must continue to comply with the underlying regulatory requirements for drug testing, specified at 49 CFR part 40.

 

 

February 18, 2020

How Long Are Substances Detectable?

Laboratory

Have you ever wondered how long substances are detectable in a urine drug test? Below is an overview of some substances that are detected and their detection time in urine drug testing.

 

Contact us if you are interested in more information.

Opioids
Substance Detected As Detection Time in Urine
Buprenorphine Buprenorphine & Norbuprenorphine 2 to 4 days
Codeine Codeine & Morphine 2 to 3 days
Dihydrocodeine Dihyrocodeine & Hydrocodone 2 to 3 days
Fentanyl Fentanyl 1 to 3 days
Heroin 6-MAM & Morphine 8 hours
Hydrocodone Hydrocodone & Hydromorphone 1 to 3 days
Hydromorphone Hydromorphone 1 to 3 days
Levorphanol Levorphanol Unknown
Meperidine Meperidine & Normeperidine 1 to 2 days
Methadone Methadone Up to 14 days
Methadone metabolite (EDDP) 2-ethylidene-1,5-dimethyl-3,3-diphenylpyrroldine Up to 14 days
Morphine Morphine 2 to 3 days
Oxycodone Oxycodone & Oxymorphone 2 to 3 days
Oxymorphone Oxymorphone 2 to 3 days
Propoxyphene Propoxyphene & Norpropoxyphene Up to 7 days
Tapentadol Tapentadol 2 to 3 days
Tramadol Tramadol & O-Desmethyltramadol 2 to 4 days
Benzodiazepines
Substance Detected As Detection Time in Urine
Alprazolam alpha-Hydroxyalprazolam 2 to 4 days
Chlordiazepoxide Nordiazepam Oxazepam 2 to 4 days
Clonazepam 7-Aminoclonazepam 2 to 4 days
Diazepam Nordiazepam & Oxazepam 2 to 7 days
Flunitrazepam 7-Aminoflunitrazepam Unknown
Flurazepam 2-Hydroxyethyl flurazepam Up to 20 days
Lorazepam Lorazepam 5 to 7 days
Midazolam alpha-hydroxymidazolam Unknown
Oxazepam Oxazepam 2 to 7 days
Temezpam Oxazepam & Temezepam 1 to 4 days
Triazolam alpha-Hydroxytriazolam 1 to 2 days
Musculoskeletal Relaxants
Substance Detected As Detection Time in Urine
Carisoprodol Carisoprodol 1 day
Meprobamate Meprobamate 2 to 3 days
Stimulants
Substance Detected As Detection Time in Urine
Amphetamines Amphetamine 3 to 5 days
Cocaine metabolite (BE) Benzoylecgonine 1 to 2 days
Methamphetamine AMPH & MAMPH 3 to 5 days
Methylenedioxyamphetamine MDA 3 to 5 days
Methylenedioxymethamphetamine MDA & MDMA 3 to 5 days
Methylenedioxyethylamphetamine MDA & MDEA 3 to 5 days
Other Substances
Substance Detected As Detection Time in Urine
Cannabinoids (THC) THC-COOH Up to 45 days
Phencyclidine (PCP) PCP Unknown
Nicotine Cotinine 1 to 3 days
Alcohol EtOH 2 to 10 hours

CBD, Medical Marijuana, and Workplace Drug Testing!

During this training, you will learn about CBD Oils & Medical Marijuana and their impact on the workplace!

– CBD Oil vs. THC – what is the difference?

– Will CBD Oil products show up on a drug test?

– Medical Marijuana – Understanding the General Process

– Know Your State Laws

– Building Your Policy and Drug-Free Workplace Program- Important Considerations

– The Case Against Excluding Marijuana Testing From Your Substance Abuse Policy

 

2020 Webinar Schedule

Webinar

Below is our 2020 Webinar Schedule.  All of the webinars listed with an asterisk (*) beside the date are offered at no charge! All other webinars are $35 per attendee. If you would like to register, please contact us!

January 30th *                                                                                         2:00- 2:45 pm

CBD Oils and Medical Marijuana – Understanding the Impact on the Workplace

February 27th                                                                                          1:30- 3:30 pm

Reasonable Suspicion Supervisory Training- A Must!

March 31st                                                                                               1:30- 2:30 pm

Driver Qualification Files – Detailed Requirements, Processes, and Procedures

April 30th *                                                                                               2:00- 2:45 pm

Hair Testing, Oral Fluid Testing, and Urine Drug Testing – Finding the Best Fit

May 27th *                                                                                                2:00- 2:45 pm

Developing a non-DOT Testing Program – Adding a Non-DOT Testing Program to Your Existing DOT Testing Program

June 30th                                                                                                   2:00- 2:45 pm

FMCSA Vehicle Maintenance Recordkeeping and Preventive Maintenance Program – What is Required?

July 29th                                                                                                    2:00- 3:00 pm

DOT Drug Testing Programs – The Basics

August26th                                                                                               1:30- 2:30 pm

Hours of Service 101 – The Basics of Recordkeeping, Regulations, and Exemptions

September 30th *                                                                                   2:00- 2:45 pm

Substance Abuse and Addiction in the Workplace – the Impact on the Employer

October 28th *                                                                                         2:00- 2:45 pm

Behind the Scenes of the Medical Review Officer Process –What Really Happens

November 18th *                                                                                    2:00- 2:45 pm

Expanding your Drug Free Workplace Program –Reasons to Review Your Current Program Now

December 10th *                                                                                     2:00- 2:45 pm

Current Trends and Alerts in Substance Abuse

2020 DOT Random Testing Rates

Transportation Technology

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.