Roth Davies, LLC

7500 College Blvd.
Suite 700
Overland Park, KS 66210

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Roth Davies, LLC

Certain procedures are put in place for the testing of drugs and alcohol. The procedures for alcohol testing are as follows: (1) a trained Breath Alcohol Technician or Screening Test Technician conducts an alcohol screening test using an approved breath or saliva testing device; (2) the test is considered negative if anything under 0.02 comes back. The required paperwork is filed out and the employer is notified; (3) if anything 0.02 or higher results, the driver is required to take a confirmation test within 30 minutes using an approved Evidential Breath Testing. Again, the required paperwork is completed and the employer is notified; and (4) if the confirmation test results come back as anything 0.02 or higher, the driver is required to stop all safety-sensitive functions. If the results are somewhere between 0.02 and less than 0.04, the driver may return to duty after 24 hours. However, any driver with results of 0.04 or higher is referred to a Substance Abuse Professional for treatment. After treatment is finished, the drivers can return to work after passing a return-to-duty test. With regard to drug testing, the procedures are as follows: (1) a trained collector collects a urine sample (a driver must be observed providing the sample in some circumstances); (2) the collector splits the sample into 2 bottles and sends one of the bottles to a laboratory for testing; (3) the laboratory determines the results and sends them to the Medical Review Officer; and (4) the officer reviews the results. If the test is negative, the employer is notified. However, if the test results are not negative, the officer contacts the driver who has 72 hours to elect to send the second bottle not tested to a different laboratory for testing. When those results are confirmed, the employer is notified. If the results are both positive, the driver is removed from duty and referred to a Substance Abuse Professional for treatment. After treatment is finished, the drivers can return to work after passing a return-to-duty test.

If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.

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