49 CFR Part 40
The Department of Transportation's (DOT) rule, 49 CFR Part 40, outlines the minimum mandated requirements for conducting workplace drug and alcohol testing for the federally regulated transportation industry
49 CFR Part 40
DOT requires random testing of covered employees with a minimum of quarterly testing spread evenly throughout the year.
The cornerstone of every substance abuse deterrence program is verifiable, unbiased random selection. When choosing participants for a random test, DSC's computer system uses a basic and complete method to insure unbiased selections. It is double-blind selection method -- one in which neither the administrators nor the participants can predict or affect the outcome. The computer does not examine participants IDs, length of service, Social Security numbers, nor does it take into account how many times, when, or whether participants have been tested in the past. Each random selection is completely unaware of every previous random selection.
Random Selection Pools
In the random selection process the computer first creates the eligible pool and then makes random selections from the pool. Participants can be made eligible for selection based upon a user-selected configuration of eligible Companies, Home Bases, Occupations, Pool Groups, and DOT reporting status.
A consortium is a group of companies that have been associated for the purposes of creating a single eligible pool for random selections and/or for printing cross-company statistical analyses and other reports.
Membership in DSC's Random Program DOT drug and alcohol test consortium gives employers access to expert assistance in complying with Federal and Industry mandated audits of a company's drug and alcohol testing program.
Employers subject to DOT drug and alcohol testing regulations must submit their annual drug and alcohol testing data as required by their respective DOT Agency. The annual drug and alcohol testing data being submitted for a specific calendar year is to be submitted by March 15th of the following calendar year. When submitting their drug and alcohol testing data,employers are to use the Drug and Alcohol Testing MIS Data Collection Form. DSC generates this report and supplies it to all members who are conducting DOT Testing under Federal guidelines.
Drug Screen Compliance has partnered with Clearstar, Inc. to provide employers of all sizes with intuitive systems, cutting-edge tools, and comprehensive reports that employers anywhere in the world can use to confidently welcome individuals to their team. Drug Screen and Clearstar, Inc. provide the following background checks.
Clearstar will verify your applicant's past employment, dates of employment, last position held, reason for leaving and eligibility for rehire.
Previous employment verification should be the cornerstone of any good screening program. Statistics from human resource executives, show that more than half of the resumes they receive contain exaggerated or even fraudulent information.
Moving Violation Records
Clearstar communicates directly with the each state's Department of Motor Vehicles to obtain a three-year driving history on your candidate. Information obtained includes traffic offenses along with the records of license suspensions, revocations, and expiration.
This report is critical for any prospective employee whose job requires them to drive during the scope of employment. The information contained in this search will alert your company to candidates that may expose your company to unnecessary risks.
CDLIS allows employers and their agents to comply with FMCSA requirements by searching within the 'Commercial Driver's License Information System' for any prior licenses, current CDL and up to three prior licenses held by said individual.
An employee must provide the following:
- Present Jurisdictional State and Driver License Number
- Social Security Number Match
- Up to Three Previously held CDL Numbers
- AKA Information
Mandated by the Commercial Motor Vehicle Safety Act (CMVSA http://www.aamva.org) of 1986, CDLIS supports the issuance of commercial driver licenses (CDLs) by the jurisdictions, and assists jurisdictions in meeting the goals of the basic tenet "that each driver, nationwide, have only one driver license and one record" through the cooperative exchange of commercial driver information between jurisdictions.
U.S. Department of Transportation (DOT)-Compliant References
Clearstar will provide a DOT-compliant verification of any specified level of an applicant's three-year employment history. Information returned can include: date of employment, job title, salary, reason for leaving, eligibility for rehire, and overall job performance.
DOT Required Background Checks
DOT Previous Employer Drug and Alcohol Check (Reg. 40.25)
Previous employer’s response to DOT (FMCSA ,PHMSA…) mandated drug and alcohol related questions. Including any positive breath alcohol test, any positive drug test, any test refusals, any other violations of DOT drug and alcohol testing regulations, and any successful completion of DOT return to duty requirements.
Commercial Driving License Information System Check (CDLIS)
A Commercial Driver’s License Information System Check is a check of the American Association of Motor Vehicle Administrators mandated CDLIS database to verify a current driver’s license and identifies additional states where a driving record should be requested.
DOT PSP Record Search (Not Required but recommended)
The Pre-Employment Screening Program is a screening tool that allows motor carriers, individual drivers and industry service providers access to an operator’s crash and serious safety violation history from the FMCSA’s Motor Carrier Management Information System.
Occupational Background Checks
Motor Vehicle Record (MVR) Check
A driving record check is a check of a specific state driving record. A driving Record check is available from 50 states. Includes infractions, violations, misdemeanors, felonies, points, and current status (valid, invalid, expired, suspended, revoked, reinstated, etc.). The standard scope is a 3-year driving record.
National Criminal Database w/ Alias (SSN Trace Included)
A National Criminal Database Check with Alias is a check of all names developed from a Social Security Number Trace (SSN Trace) in the national criminal database. A SSN Trace is included with this service.
State Criminal Record Database Searches and Checks
A State Criminal Record Database Search or Check is a search or check of a state court or state law enforcement agency criminal record database, respectively. A Criminal Record Database Search or Check is not available in every state.
County Court Criminal Record Search
A County Court Criminal Record Search is a search of felony and misdemeanor county court criminal records located at the county seat or central county courthouse, and are available from county courts located in over 3100 counties nationwide. The search depth is a 7-year search wherever records are available 7 years back or more.
National Federal District Court Criminal Record Check
A National Federal District Court Criminal Record Check is a check of one name in all 94 federal district courts nationwide. Records found on the national search are compared to an address history of the applicant due to limited identifiers available on federal records. SSN trace is required.
For any questions or interest, please contact our Random Department in the Odessa Office.
Substance Abuse Professionals (SAPs)
The Company will follow the requirements of Part 40 for its Substance Abuse Professional (SAP) obligations. A full description of the SAP requirements is in Part 40, Subpart O(“Substance Abuse Professionals and the Return-to-Duty Process”).
The Company will refer drivers only to SAP's who have the credentials, basic knowledge, and qualification training, including fulfilling obligations for continuing education courses, for DOT violations. The SAP will not be an advocate for the Company or the driver. The SAP's function is to protect the public interest in safety by professionally evaluating the driver and recommending appropriate education/treatment, follow-up tests, and aftercare.
The Company will provide to each driver who violates a DOT drug and alcohol regulation a listing of SAP's readily available to the driver and acceptable to the Company. The list will include SAP names, addresses, and telephone numbers. There will not be a charge to the driver for compiling or providing this list. The Company may use its C/TPA or other service agent to provide this information. Any driver who has violated DOT drug and alcohol regulations cannot again perform any DOT safety-sensitive duties for this Company until and unless the driver successfully completes the SAP evaluation, referral, and education/treatment process.
The Company is not required to pay for a SAP evaluation or any subsequent recommended education or treatment for a driver who has violated a DOT drug and alcohol regulation.
The Company is only bound by DOT to ensure that if the driver is provided an opportunity to return to a DOT safety-sensitive duty following a violation, that the Company ensure that the driver receives an evaluation by a SAP meeting the requirements of Part 40 and that the driver successfully complies with the SAP's evaluation recommendations before returning to the safety-sensitive job. Even if a SAP believes that the driver is ready to return to safety-sensitive work, the Company is under no obligation to return the driver to work. Under the DOT regulations, hiring and reinstatement decisions are left to the employer. The DOT leaves all payment issues for SAP evaluations and services to the Company and the driver to resolve.
The SAP will make a face-to-face clinical assessment and evaluation to determine what assistance is needed by the driver to resolve problems associated with alcohol and/or drug use. The SAP will refer the driver to an appropriate education and/or treatment program. At the completion of the education and/or treatment, the SAP will conduct a face-to-face follow-up evaluation to determine if the driver actively participated in the education and/or treatment program and demonstrated successful compliance with the initial assessment and evaluation recommendations. Reports will be provided to the Company on both the initial requirements and the outcome of the follow-up evaluation. The report will be specific and will include all of the Part 40 requirements of a written SAP report. The SAP will provide the DER with a written follow-up drug and/or alcohol testing plan for the driver and, if deemed necessary, will also provide the driver and the Company with recommendations for continuing education and/or treatment.
SAP Contact Information
Dan Dorothy - Counseling Management, Inc.
1901 E 37th Suite 104 - Odessa, Texas 79762