Overview
Drug and alcohol testing is a critical component of regulatory compliance and workplace safety. This guide provides detailed information about testing procedures, requirements, and best practices to help employers and employees navigate the process efficiently.
What to Bring to Your Drug Test Appointment
When arriving for your drug test, ensure you have a paper Chain of Custody Form (CCF) or an electronic authorization form and a valid driver’s license or another government-issued ID.
Using Out-of-Network Facilities
You may use an out-of-network facility; however, this may require additional setup and an out-of-pocket payment, typically around $20.
Finding an Approved Drug Testing Facility
To locate an approved drug testing site, use the DOT Collection Site Locator- https://www.foleyservices.com/collection-site-locator/ or consult with your compliance provider.
What If a Facility Is Not Listed in the System?
If your chosen facility is not listed in the system, you may still use the collection site, but you may need to pay out of pocket and a paper CCF will be required instead of an electronic form.
Testing Facility Hours
Operating hours of testing facilities may vary by location. Always call ahead to confirm availability.
"Statement of Compliance"
A Statement of Compliance is a document that certifies your company has met compliance requirements for random testing. It reflects overall compliance of the pool, not individual company participation.
Return-to-Duty (RETURN TO DUTY) Testing
Refined answer: To schedule a Return-to-Duty (RTD) Observed Test, log into your portal and navigate to the D&A Programs section to order the test. Select "Return to Duty" as the reason for testing. If the test is federally regulated, ensure "Observation Required" is selected in the observation option box. For any issues, please contact support for assistance.
Can a Pre-Employment Test Be Used as an RETURN TO DUTY Observed Test?
Pre-employment drug tests may not be used as a Return To Duty observed test because it does not meet the requirements for an observed test. Return To Duty testing must be conducted separately.
Can a Return To Duty Test be used as a Pre-employment test?
A Return to Duty Test can be used as a Pre-employment test.
Drivers in the SAP Program
Refined answer: Drivers enrolled in the Substance Abuse Professional (SAP) program must provide a SAP report, a follow-up testing schedule from their SAP counselor, and proof of successfully completing a Return-to-Duty (RTD) observed test.
What Happens After a Driver Completes an RETURN TO DUTY Test?
For FMCSA drivers, once a driver successfully completes the RETURN TO DUTY test with a negative result, the result is reported to the Clearinghouse the driver is removed from prohibited status. Follow-up testing should begin as outlined in the Follow-up Testing plan recommended by the SAP provider.
For all other modalities, once the driver successfully completes the RETURN TO DUTY test with a negative result, the Follow-up testing should begin as outlined in the Follow-up Testing plan recommended by the SAP provider.
Are Additional Tests Required After an RETURN TO DUTY Test?
Follow-up testing is mandated by the SAP counselor’s follow-up schedule after a negative Return To Duty test has been completed, which must be followed for compliance.
Clearinghouse Compliance
To ensure compliance with the FMCSA Clearinghouse for FMCSA drivers, employers must conduct pre-employment tests at hiring, complete all random drug tests when selected and conduct pre-employment and annual inquiries as required. If you have a driver that is in a Follow-up testing program, ensuring that all Follow-up testing is completed as outlined in the Follow-up testing plan.
To verify who manages Clearinghouse queries for your company, log into the Foley portal to validate if you are enrolled in the Clearinghouse program with Foley Services.
Common Drug Testing Scenarios
Pre-Employment Testing
Pre-Employment Testing is required before hiring a driver and must be a DOT-compliant drug test.
Random Drug Testing
Random Drug Testing must be conducted as part of a federally regulated random testing pool. Failure to complete a test may lead to disciplinary action and Clearinghouse reporting.
Post-Accident Testing
Post-Accident Testing is conducted when a driver is involved in a qualifying accident. Post-Accident Testing must meet DOT post-accident criteria before testing.
Follow-Up Testing
Follow-Up Testing is required for drivers who have violated DOT drug and alcohol regulation and scheduled as per the SAP’s recommendations.
Handling Delayed or Missing Test Results
If test results are delayed, potential reasons include holidays, storms, transit issues or extended lab testing periods. For inquiries, provide the specimen ID number from the Chain of Custody Form (CCF).
Contacting the Medical Review Officer (MRO)
Any questions for the MRO should be handled through the Drug & Alcohol Testing Department.
Accessing and Managing Test Results
Drug test results can be accessed via the Foley Client Portal and are generally available within 72 hours after the specimen arrives at the lab.
Compliance and Safety Audits
What is a New Entrant Safety Audit?
A New Entrant Safety Audit is conducted by the FMCSA to ensure new motor carriers comply with federal regulations. Documents for a Safety Audit commonly requested include Hours of service records, Driver qualification files, Vehicle maintenance records, Drug and alcohol test results and Insurance certificates.
Submitting Audit Documents
To submit Audit documents, follow the submission instructions outlined in your audit letter. Most audits allow online submissions.
Handling Compliance Alerts- this should be removed
If you receive compliance alerts, check your FMCSA portal for missing documents or contact your assigned auditor for clarification.
Enrolling in a Drug & Alcohol Consortium
If your company operates CDL drivers, enrollment in a Drug and Alcohol Consortium/Third-party administrator (C/TPA) is mandatory. The Certificate of Enrollment proves compliance with FMCSA regulations.
Driver Qualification Files
A driver qualification file typically includes a completed employment application, medical examiner’s certificate, a Motor Vehicle Record (MVR) check, Road test certificate (if applicable) and verified three-year employment history.
Handling Missing Driver Documents
Missing driver documents can be requested from the driver and uploaded to your Foley portal.
Managing Employee Drug Testing Information
Employers can manage their employees drug testing records via the Foley Portal ensuring test results are accurate and up to date.
Handling Billing Issues for Drug Tests
For questions related to drug or alcohol tests, contact the accounts receivable department to inquire or clarify the charges.
Updating Driver and Compliance Information
Updating driver and compliance information can be done through the Foley Portal. Documents should be submitted in PDF or jpeg format.
Consequences of Non-Compliance
Consequences of Non-Compliance with DOT drug and alcohol testing regulations may result in fines and penalties, loss of operating authority and/or driver disqualification.
Key Takeaways
Always bring the required documents for drug tests.
Use the Foley Collection Site Locator to find an in-network facility.
Compliance with the Clearinghouse is mandatory for all CDL drivers.
Follow SAP guidelines strictly if involved in a return-to-duty process.
Stay proactive in managing compliance alerts, audits, and safety requirements.
For any questions, contact Foley Services for assistance with compliance, drug testing, and regulatory requirements.
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