Random Drug screen

Streakn1 · Aug 3, 2006

I was recently asked this question:

Does a company that one is leased to have the right to dictate which clinic a driver must go to when selected for a random? The example that was used; the driver is sitting at Jubitz in Portland,OR. Jubitz has a clinic certified by the governing agencies involved to process random drug screen specimens. The driver can take care of the company's request and never leave the travel plaza. Simple enough!

Not exactly. Say the company doesn't use this particular clinic and directs the driver to travel to a clinic of their choice. Keep in mind I'm using this location as a hypothetical possibility.

This is where it becomes a bit sticky.The driver pays for all drug screens as the company does not assume that expense. As long as the driver can complete the random within the specified time period, provide the proper paperwork required by the company, and the clinic/lab forwards the test results to the company when complete, shouldn't the driver have a choice? Can a company disqualify a driver and report him/her to DOT as a "refusal to comply on a random drug screen" even though the driver did in fact complete the randon at a certified clinic of their choice?

LDB · Aug 3, 2006

I do not know if there is statutory law on this. I only know what common sense suggests. If the company pays for the screen they can dictate where to get it. If the driver pays it should be acceptable as long as it's a certified and approved facility.

Leo Bricker, 73's K5LDB, OOIDA 677319
Owner, Panther trucks 5507, 5508, 5509
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.

davekc · Aug 3, 2006

My opinion would be the same as Leo's. If the company pays for it, then they likely could dictate a certain location.

Davekc
owner
22 years
PantherII
EO moderator

cheri1122 · Aug 3, 2006

If the company disqualified, a driver under those circumstances, and then reported the driver to DOT as having refused to test, that would be legitimate reason to consult an attorney. It would be interesting to hear the company's reason for such blatantly unfair practices.

RichM · Aug 3, 2006

It could be that the Company gets a volume discount which is then passed on to you. I remember a guy who was out of driving hours in Albany NY,his name came up and the company sent a technician out to collect the sample. Three weeks later he was hit with the cost of the test plus a $300 collection fee. Needles to say that expediting company lost a decent driver to another company.

greg334 · Aug 4, 2006

The first thing that comes to mind is most clinics that have the ablility to send stuff to a toxicology lab qualify under DOT rules.

I know that there are some special circumstances that limit the clincs ablity to collect the sample, drug testing by court order comes to mind but outside of that I would think this would not be one of those cicumstances.

I think that once the sample is taken and the chain of custody is established (with reciept of the test given to the driver), the driver is off the hook if the company says it is a refusal. I would also think that the DOT would side with the driver simply because the sample was taken and the proper procedure (chain of custody procedures) were followed to fulfill their requirments.

tec1959 · Aug 4, 2006

Streakn1 Once I unloaded in Bent,Or,I was told by disp that i needed a random drug test and the nearest clinic was in Portland,or go figure.I had to travel all the way there because this was the clinic they used...

JohnMueller · Aug 4, 2006

Streakn1;

Great question. The DOT does not mandate who pays for any regulated drug screen. Company policies can exceed DOT guidelines, as long as those polices are not misrepresented as a DOT regulation.

At our company, we do NOT pay for driver's drug screens or physicals - the driver does, just as your situation. We allow our drivers to obtain Pre-employment and Random tests at the facility of their choice, as the driver is paying for the drug screen. On Post-accident screens, the driver is usually content to have the company's assistance in locating a facility. On a Reasonable Suspicion drug screen, we would expect the driver to go to the facility we choose, as we would be driving the driver to the collection facility and paying for the test.

Keep in mind when choosing a collection facility that the facility itself must use their own Chain of Custody and Control forms, their certified lab, and their MRO. Carriers are many times unable to deal with a facility a driver has chosen, that is not set up with these items (has an established account). Some collection facilities do not have the ability, or will not collect for companies that do have established accounts.

I would interpret the Regulations to say that if the driver was paying for a Drug Screen and went to the facility of his or her choice for a random, within the specified time constraints, that there is NO WAY that could be mistaken as a Refusal.

Always be sure to specify a "NIDA-5" or "DOT Regulated" drug screen.
Remember too that you must be performing a "Safety Sensitive" function or be available for the same for the company to send you for a random. If you are "off" the board and unavailable for service, they should not be sending you at that time.

Hope this helps.

Thanks,
HotFr8Recruiter (Sometimes HotFr8SafetyDirector)

Streakn1 · Aug 4, 2006

Hotfr8,
Great reponse and very imformative along with the other good replies to this thread. There have been two post in particular that raise a question. What is considered a reasonable request on the "Company's" part when it comes to how far a driver must travel (at his/her expense)to a qualified clinic. There are some dead areas which would require a driver travel 100 miles or more.Does DOT have any cutoff point for this. We are only speaking of a "random" not "reasonable suspicion" drug screens.

Bottom line is this, a driver would be a fool to refuse to go for a random as they just kissed their CDL good by if they were to do so.

JohnMueller · Aug 4, 2006

Greg;

To the best of my knowledge (is that a CYA?) there is no mileage limitation on how far a driver has to drive for a random. There are "time" constraints listed in the Regs on how long a driver has to submit to the test. Surely you cannot driver hundreds of miles to do a random as the time contraints do not allow.

A copy of the Safety Regs handbook would be a great item for you to get your hands on. You can find all of the Regs at the following website:
http://www.fmcsa.dot.gov/rules-regulations/rules-regulations.htm

Thanks,
HotFr8Recruiter

greg334 · Aug 4, 2006

>Greg;
>
>To the best of my knowledge (is that a CYA?) there is no
>mileage limitation on how far a driver has to drive for a
>random. There are "time" constraints listed in the Regs on
>how long a driver has to submit to the test. Surely you
>cannot driver hundreds of miles to do a random as the time
>contraints do not allow.
>
>A copy of the Safety Regs handbook would be a great item for
>you to get your hands on. You can find all of the Regs at
>the following website:
>http://www.fmcsa.dot.gov/rules-regulations/rules-regulations.htm

Huh?

I thought.... oh nevermind... too much Canadian sun

ATeam · Aug 5, 2006

Great question and important too. Leo's words "certified" and "approved" are both significant.

For us, there is a clinic in Dallas to which we will never return. Called in for a random test, we went there because our carrier told us it was the closest. Their attitude sucked as did their customer service. One worker there seemed to take a certain delight in power-tripping her way through the day by putting people through unecessary and uncommon paces.

For example, she told me to empty my pockets and leave the contents on a counter. I told her no way as I had cash in the wallet. I told her I'd lock my things up in my truck but I would not leave them unsecured with her. She argued with me about that but finally relented, but loudly barked "hurry up" as I left to do so.

Worse still was the unsanitary practices we witnessed and were subjected to in that place. If we are ever again in Dallas and called in for a random screen, we would hope our carrier has another carrier-approved clinic we could use.

terryandrene · Aug 5, 2006

USDOT regs require all commercial drivers to be randomly subjected to drug and alcohol screening. It would be quite difficult for for sole proprietors or owners of very small carriers or owners/operators to maintain, or more importantly prove they maintain, a valid drug screening program. Many carriers, such as FedEx Custom Critical, choose to maintain a program in accord with the regs in order to keep its owner/operators compliant; we each agree to adhere to that program by lease agreement with the carrier.

FedEx Custom Critical has agreements with a chain of clinics throughout the country to conduct the tests when required and bill them for the services. They then pass the contracted costs to us because they are not obligated to pay the test costs. Rene' and I have been chosen for these random tests many times in the past and each and every time we chose the clinic from a large list of clinics available. Our safety department has been very cooperative in finding clinics proximate to our layover position. All you have to do is ask! I would venture a guess that other carriers would be equally cooperative if the drivers ask for alternatives.

RichM · Aug 5, 2006

Remember there are 4 reasons to take a drug test. Pre Employment, Random when your name comes up in your carriers random file,Reasonable suspicion based on a qualifed law enforcement officer,and post accident.
I had a situation last year where a irate customer called Fedex at 0200 after I delivered and said I was smoking mariuana. Based on that call the night time supervisor said I should take a test. I refused as a customer is not a qualified law enforcement officer and the following day the safety department agreed with me.