Roth Davies, LLC

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Overland Park, KS 66210

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Roth Davies, LLC

The FMCSRs controlled substances and alcohol use and testing regulations require the following tests: pre-employment drug testing, reasonable-suspicion testing, random testing, post-accident testing, and return to duty testing. Pre-employment drug tests are performed before a driver first performs safety-sensitive functions. While pre-employment drug testing is required, pre-employment alcohol testing is optional. With that said, a negative pre-employment drug test must be obtained before a driver can drive a CMV. Reasonable-suspicion testing is required when a trained supervisor has “reasonable suspicion” that a driver has violated the drug or alcohol rules. Random testing is required of all CMV drivers. At least 10% of the average number of driver positions, randomly selected, must be tested for alcohol each year, and at least 50% of the average number of driver positions must be tested for drugs. Additionally, these tests must be random, unannounced and spread reasonably throughout the year. Upon selection, a driver must report immediately to be tested. An alcohol test can only be administered either before or after a driver performed safety-sensitive functions. On the other hand, a drug test can be performed any time. In order to meet the minimum percentage requirements, a group of motor carriers (employers) may join together to form a “consortium” with all drivers joined together in one large pool. Post-accident testing is performed on a driver involved in an accident resulting in a fatality or a driver who received a moving traffic violation as a result of an accident leading to an individual having to seek medical treatment away from the scene or a vehicle being towed away. Drivers must report for the alcohol test between 2-8 hours after the accident and a drug test within 32 hours. Return to duty testing is used for drivers who had failed a drug and alcohol test, completed education and/or treatments required by a professional, and are returning to work.

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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