Q: I want to be sure that my drivers are drug free. If a driver tests positive, may I as a motor carrier conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?

A: No. The regulations (40.307(d)(4)) and SAP guidelines state that employers must not impose additional testing requirements that go beyond the SAP’s follow-up plan. This includes additional testing requirements under company authority. In addition to follow-up testing and random testing, an employer has other means available to ascertain an employee’s performance. The employer can monitor the employee’s compliance with the SAP’s recommendations for continuing treatment and/or education as part of a return-to-duty agreement.

BRUSH UP ON THE REGULATIONS

As a safety consultant who primarily represents our association members, I am usually brought in after a problem develops with respect to non-compliance with Federal Motor Carrier Safety Regulations (FMCSR). This column gives me the opportunity to help you practice a little preventative medicine.

First, it’s important for truck drivers to periodically brush up on the FMCSR. If you don’t have a copy of the regulations - get one. If your handbook has gathered dust, is buried under a pile of old logbooks or has coffee stains, it’s time to buy a new one. The regulations change from time-to-time, so it is good to know the changes that affect you. You can buy a DOT handbook at practically every truck stop - or jump off the 710 Freeway at Rosecrans and stop by the NTA office at 6825 Rosecrans in Paramount, CA. We have them in stock and ready to go.

The U.S. DOT regulatory interpretations clarify, for the most part, the various regulations. If you take the time to read the regulations and the DOT interpretations, you should get a fairly good idea of how to stay in compliance. It is also important to not always listen to the “truck stop lawyers” who start myths and theories about the regulations. If you run across one of these guys with their creative ideas, always ask to see where you can find it in the regulations handbook.

One of the best secrets to staying in compliance is good record keeping. I know many drivers who still throw away their logs so that they can’t be found guilty of logbook falsification. The regulations are quite clear. You must keep the last six months of logs. In fact, supporting documents may be necessary to prove that a trip was actually taken or that no log violations were made. It is always a good idea to keep copies of fuel slips, toll tickets, scale tickets, bills of lading and other documents to show where you have been and when you were there.

In the area of drug and alcohol testing, join a competent organization whose business is not just doing cheap physicals but whose personnel actually knows the rules and regulations. Simply going to a local clinic for a drug test these days just does not cut it. The best organizations to choose from, such as NTA, are accredited through the Drug and Alcohol Testing Industry Association and there are only about 30 some organizations in the Unites States. You will find these listed at www.datia.org.

In the area of equipment compliance, the regulations require that drivers perform daily vehicle inspections of their truck, as well as before beginning their driving day. If you perform a thorough pre-trip inspection before you start driving and then make periodic inspections during the day (such as every time you are walking back to your vehicle), you can avoid many problems.

Given enough space, I could write an entire book on compliance. Unfortunately, space limitations prevent me. However, any driver who follows these few simple tips will take a giant step forward towards their compliance with the federal regulations:

• Read and re-read the regulations and interpretations frequently.
• Ignore “truck stop attorneys” - seek advice from experienced or professional sources.
• Retain records and logs for six months.
• Perform thorough pre-trip inspections.
• Inspect your vehicle throughout the day.

TOP 12 VIOLATIONS

Here is a list of the top 12 violations written. These 12 constitute over 77% of the total violations cited, so it would be beneficial to pay attention to these 12 especially:

1. Section 396.11(a) - Failing to require driver to prepare vehicle inspection reports.
2. Section 395.8(a) - Failing to require driver to make a record of duty status.
3. Section 382.301(a) - Using a driver before receiving a pre-employment result.
4. Section 395.8(e) - False reports of records of duty status.
5. Section 382.305 - Failing to implement a random drug and alcohol testing program.
6. Section 382.305(b)(2) - Failing to do random drug tests at the applicable rate.
7. Section 396.3(b) - Failing to keep minimum inspection and maintenance records.
8. Section 395.3(b)(2) - Permitting drivers to drive after 70 hours on-duty in 8 days.
9. Section 395.8(k)(1) - Failing to keep driver logs for 6 months.
10. Section 396.17(a) - Using a commercial driver not periodically inspected.
11. Section 391.51(a) - Failing to maintain driver qualification files on each driver.
12. Section 382.115(a) - Failing to implement a drug and alcohol testing program.