October 10, 2008

Random Testing of Occasional DOT Drivers

The Department of Transportation requires employers to randomly drug and alcohol test drivers who hold a commercial driver's license, even if they are do not drive as part of their usual job functions.

Drivers who may be called upon at any time, on an occassional or emergency basis to drive, are requried to be in a random testing pool at all times, like a full-time driver. A drug test must be administered each time the employee's name is selected from the pool.

Alcohol testing, however, may only be conducted just before, during, or just after the performance of safety-sensitive functions (generally, driving and related activities). If the employee's name is selected, the employer must wait until the next time the employee is performing safety-sensitive functions, just before the employee is to perform a safety-sensitive function, or just after the employee has ceased performing such functions to administer the alcohol test.

If a random selection period expires before the employee performs a safety-sensitive function, no alcohol test should be given, the employee's name should be returned to the pool, and the number of employees subsequently selected should be adjusted accordingly to achieve the required rate.

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