Anti-drug rule implemented; DOT requires discounters to begin testing drivers - Department of Transportation requires drug testing of truck drivers

Discount Store News, Jan 8, 1990 by Deane Evans

Anti-Drug Rule Implemented

DOT Requires Discounters to Begin Testing Drivers

WASHINGTON -- Within the next year, all discount chains with their own truck fleets will be required to begin testing drivers for drug use under new Department of Transportation rules.

The anti-drug program requires testing for all drivers operating in interstate commerce who use vehicles weighing at least 26,000 pounds. In addition to permanent employee drivers, testing is required for drivers under contract for 90 days or more during any 12 month period.

Chains which employ 50 or more drivers became subject to the new federal drug testing requirements late last month (Dec. 21, 1989), but on Dec. 21, 1990, the regulations will apply to all interstate truck operators regardless of size.

The new regulations specifically require testing for five "controlled substances," including marijuana, cocaine, opiates, amphetamines and PCP. Under the DOT rules drug tests will be required in the following situations: * Pre-employment--testing of each driver applicant unless the employer is provided evidence that the prospective employee participated in a qualified testing program under their previous employer. * Periodic--testing of each driver during the required biennial physical for drivers. * Post-accident--testing is required after accidents "when there is reasonable cause to believe the driver was at fault. . . and drug usage may have been a factor." * Reasonable cause--testing in cases which involve "actions or appearance or conduct. . . indicative of the use of a controlled substance." Such "actions" must be witnessed by at least one, and preferably two, supervisors.

DOT regulators originally proposed requiring mandatory testing following all accidents (even if there is no suspicion of drug use) as well as random (i.e., unannounced) testing. However, implementation of these additional testing requirements has been deferred due to a court injunction against random and certain post-accident tests.

The DOT regulations include procedures for collecting samples for drug testing, for transmitting the samples to authorized laboratories and for evaluating test results. Drivers who test positive are designated as "medically unqualified to drive" and are barred from returning to work until they subsequently test negative. A positive test after a fatal accident will result in automatic disqualification for one year. Refusal to submit to a drug test also carries a one-year disqualification.

Employers are required to maintain records on the driver testing program for five years. They are further required to use a "medical review officer" (i.e., a licensed doctor with knowledge of drug abuse disorder) as the sole custodian of individual test results.

The rule also stipulates that employers set up "employee assistance programs," consisting of at least 60 minutes of training on the effects of drug use and on how to recognize behavior that may indicate drug use.