You are required to have an FMCSA-approved drug testing program in place for all CMV drivers.
What it really means is that you have to have a company policy that meets the regulations of FMCSA.
If we were to simplify those regulations what they really say is that anyone who operates a CDL vehicle is required to:
- Have an initial drug test that is negative before operating any CDL vehicles for you.
- Be enrolled in a random drug screening program
- The company is required to have at least one supervisor trained in reasonable suspicion for supervisors.
- The company needs to maintain records of all drug tests for all CDL drivers.
- Companies need to pull an annual FMCSA Clearinghouse Query for all CDL drivers and they have to pull one before a driver can operate a CDL vehicle for them.
That’s pretty much it.
The government took over 500 pages to explain all that. Why do they make things so complicated?
Now let’s look at the risk associated with not having a drug testing program in place.
In an audit, they ARE going to throw the book at you if this is not in place.
The fines are going to start at around $5K and go up to over $30K per driver per year they are employed with and operating CDL vehicles.
Let me break it down really quick. No Initial Drug test $5800, No Initial Clearinghouse $5200, No annual FMCSA Queries $3750, No random program $1750 (per month not enrolled) + a few other fines that total about $1500.
For a total of $58,500 per driver if they have only been working for you for 2 years
Keep in mind these are not MAX numbers, they are average fines over the past few years. Some citations will be less and some could be more.
Either way, I would expect to pay a fine of more than 20K per driver per year if you do not have any drug testing program in place.
In a lawsuit, you guessed it, open up your checkbook because you just lost. And insurance is NOT going to cover it because you didn’t play by the rules.
If your driver gets charged against them, again you are the accomplice. Simply because you willfully allowed them to drive a CDL vehicle without following regulations.
In the case of drug testing, I have seen at least one instance where the driver got into an accident, tested negative for drugs, the driver got out of all the charges but the owner of the company got jail time because he allowed the driver to operate the vehicle knowing that he needed a drug test program in place.
Financial Risk for an audit: High (they like to give fines to companies that don’t have a drug test program in place
Financial Risk in litigation: High to Extreme
Personal Risk: Higher than the driver’s risk
How To Fix Risk 4, Not Having A Drug Testing Program In Place
The big problem here is that there is no way to fix not having an original drug test in place. So you stay at risk for as long as the employee is employed with you.
Because in an audit you are required to have all of your driver files available, even terminated drivers for 3 years after they are terminated.
I know that Drug Test documents should NOT be in the driver files, but drug testing has the same requirements for record keeping.
I hate to say this but there is no real fix to this issue.
What I recommend is that you implement a drug testing program TODAY!
Don’t wait till tomorrow. Take action now and get it started, the longer you wait the more risk you are in.
The truth is that drug testing is fairly easy to make happen. If you are not enrolled in a drug testing program, now is the time to reach out to Eclipse DOT to get started.
With Eclipse DOT we give you everything you need to get you set up.
I mean when we say that we OVERDELIVER it is 1000% the truth. We can help you get a consortium, schedule drug tests, and write your drug policy.
Then to make it simpler when you use DOT Docs for your DQ files your drug testing program is automatically updated in real-time.
What that means is that when you terminate a driver they are taken out of the consortium instantly. Ensuring that you don’t ever “taint the pool” meaning that you have drivers that are not employed in a pool they shouldn’t be in.
So why not let our team take the complexity out of compliance and give you the Easy Button for drug testing too?
Reach out today firstname.lastname@example.org to get started ASAP!
A few key things to remember.
The company is responsible to ensure that your consortium (poo, of drivers) is accurate and that you test the federal minimums every year.
What that means for you is that you NEED to keep an eye on those numbers. Because when it comes down to the wire you are on the hook for any fines that might come from not meeting those minimums.
NOT the drug test company.
For that reason, we have a Glass Door policy for everything in DOT Docs. You get to see exactly where your consortium is at any time with a simple click of a button.
So what are you waiting for?
You have enough on your plate, why not let us take someone the heavy lifting for compliance off of it so you can focus on what’s really important?
GROWING YOUR BUSINESS.