And the employee, whether mandated or not, who exhibits a pattern of behavior that leads a trained supervisor to suspect he or she is influence of alcohol or drugs, needs to be subject to reasonable suspicion testing even if the situation lacks acute evidence (i.e., what one sees, smells and hears in the here-and-now).Īdditionally, today’s employees are misusing drugs beyond the DOT designated drug test panel. For example, the receptionist who drives three times a week to the bank is routinely performing safety-sensitive activities for the company and should conceivably be subject to post-accident testing that falls outside of FMCSA. Issues where your company may want to go beyond what DOT policies allow, e.g., the criteria for reasonable suspicion, what qualifies as a testable accident and what constitutes safety-sensitive roles (beyond the CDL’s role), need thoughtful consideration and specific operational steps. Both of the policy documents can reference the other where there are intersections Your company’s policy-development team will need to make thoughtful decisions and articulate whether, and the sequence, either or both policies are to be observed.
#Dot by dot vs wide driver#
Negative result must be received before the driver can start safety-sensitive activitiesĬan be more flexible to test within the new-hire period (e.g., first 30 days of employment)Īpplying only the guidelines required under DOT does not provide all the safety precautions necessary in today’s workplaces. Tests can look for more drugs and include those commonly abused in the specific communityĭrugs only, at whatever percentage suits the company’s needs or another authorityĭefinition of safety-sensitive functions/positionsĬustomized to the nature and activities of your companyĬan only be based on acute signs (i.e., here and now)Ĭan be based on acute and long-term signs and patterns Only permitted to test for the specific panel of drugs listed in the Federal Registry Very narrow and applicable only to driving situations where there was a fatality or the company’s driver is cited and there is medical attention and/or significant damage to the vehicle.īroader definition applicable to both driving and non-driving situations Using DOT’s Federal Motor Carrier Safety Administration (FMCSA) specifics, here are just a few areas of critical limitations:Īccident definition warranting a post-accident test However, there are also some MAJOR differences between the DOT and non-DOT policies that make operating your program difficult if everything is combined into one document.
There are some DOT requirements that are considered best-practice because of their defensibility, and therefore, are prudent to apply to all employees – such as testing methodology, definitions of what constitutes a positive drug and/or alcohol test, confirmatory testing for non-negative screens, and general statements about the company’s commitment to safety and productivity. For practical and operational reasons we recommend employers have separate policies that work in concert.
#Dot by dot vs wide drivers#
Employers frequently ask us why they can’t just have one policy/program that covers both their CDL drivers subject to DOT and employees who aren’t DOT-mandated. (May 2019) Operating a comprehensive drug-free workplace program can be challenging in a blended workforce with employees who are mandated by the Department of Transportation (DOT) and those who are not.
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