Truck Accident Lawyers Serving Columbus, Macon, & Augusta, Georgia — Alcohol/Controlled Substance Testing
The truck accident lawyers at Rogers and Goldberg — serving Columbus, Macon, Augusta, as well as Georgia victims statewide — are among the most renowned truck accident lawyers in the nation. Our attorneys specialize in commercial trucking claims and have published a book, Understanding Motor Carrier Claims, as a resource for other truck accident lawyers around the country.
Federal regulations establish strict guidelines for alcohol and controlled substance use by drivers and testing by carriers. These guidelines apply to every person who operates a commercial motor vehicle in commerce in any state if he is subject to the commercial driver's license requirements in the United States, Mexico or Canada. Federal law preempts state law in regards to drug and alcohol testing of drivers to the extent that compliance with both the state and federal requirements is not possible or compliance with the state law is an obstacle to the accomplishment and execution of the federal law. Pursuant to this preemption provision, state and local governments may not attempt to regulate the time and manner of a motor carrier's drug testing program.
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IV. Alcohol and Controlled Substance Testing
A. Use of Alcohol While on Duty
A driver cannot use alcohol within 4 hours of going on duty or being physically in control of or operating a commercial vehicle. A driver may not possess wine, beer or distilled spirits while on duty or operating a commercial vehicle. A motor carrier cannot permit a driver to operate a commercial vehicle if it appears by his conduct or appearance that he has consumed alcohol within 4 hours. Any driver who appears to have consumed alcohol within 4 hours of going on duty or operating a commercial vehicle must be placed out-of-service for a 24-hour period.
A driver also cannot use alcohol while performing a safety sensitive function and cannot report for duty or remain on duty requiring the performance of a safety-sensitive function while having an alcohol concentration of 0.04 or greater. A safety-sensitive function includes operating a commercial vehicle, being present in a commercial vehicle except time spent resting in a sleeper berth, waiting at a terminal, facility or other property for dispatch unless the driver has been relieved by his employer, inspecting, servicing or conditioning a commercial vehicle, loading or unloading a vehicle or assisting in the loading or unloading process, or repairing or attending to a disabled vehicle. A trucking company is prohibited from allowing a driver who has used alcohol within 4 hours, is using alcohol, or has an alcohol concentration of 0.04 or greater to perform or continue to perform a safety sensitive function. A driver who is found to have an alcohol concentration of greater than 0.02 but less than 0.04 cannot perform or continue to perform safety-sensitive functions until at least 24 hours after the alcohol test. A jury issue exists as to whether an intoxicated driver acts outside the scope of his employment with the trucking company when the company's policies forbid alcohol use.
** Practice Pointer **
Request copies of all alcohol tests performed on the driver and correspondence with prior employers about alcohol use.
B. Use of Controlled Substances While on Duty
A driver cannot use a controlled substance when reporting for or remaining on duty requiring the performance of a safety-sensitive function unless the use of the controlled substance is pursuant to the instructions of a physician who has advised the driver that the substance will not adversely affect his ability to safely operate a commercial vehicle. A motor carrier may require a driver to disclose any therapeutic drug use related to a medical condition. A driver cannot report for duty, remain on duty or perform a safety sensitive function if he tests positive for controlled substances. An employer is prohibited from allowing a driver who has used controlled substances or tests positive for a controlled substance to perform or continue to perform a safety sensitive function.
** Practice Pointer **
Request copies of all controlled substances tests performed on the driver and correspondence with prior employers about drug use.
C. Pre-Employment Alcohol & Drug Screening
A trucking company must provide its drivers with educational material explaining its policies and procedures and federal guidelines concerning alcohol and controlled substance testing prior to conducting a pre-employment alcohol and controlled substances screen. A motor carrier must complete a pre-employment screen of a driver for alcohol and controlled substances before the driver performs his first safety-sensitive function for the carrier. A carrier may not allow a driver to perform a safety-sensitive function until the driver has undergone an alcohol test with a result indicating an alcohol concentration less than 0.04 and has undergone a controlled substances test with a negative result. A carrier does not have to perform a pre-employment alcohol test if the driver has been tested in the last six months with a result of less than 0.04, and the carrier ensures that the driver's prior employer has no record of a violation of the alcohol use prohibition within the last six months.
A pre-employment controlled substance test is not necessary if the driver was tested for controlled substances within the past six months or was involved in a random testing program for the past twelve months AND the carrier contacts the driver's prior employer to ensure that the driver did not violate any prohibitions within the past six months. A carrier who does not conduct a pre-employment screen under the aforementioned exceptions must obtain a copy of the driver's alcohol and/or drug testing records from his prior testing program. A carrier who does not employ a driver but uses him more than once a year must obtain the driver's alcohol and controlled substance testing records from his primary employer every six months or must conduct its own testing of the driver.
A carrier must also request all alcohol test results greater than 0.04, all positive controlled substances results, and all refusals to be tested from a driver's prior employers for the two-year period preceding the application for employment. This information must be reviewed by a carrier no later than 14 days after the first time a driver performs a safety-sensitive function. If a carrier cannot obtain these records after making a good faith effort, the carrier must document in the driver's qualification file the efforts made to obtain the records. A carrier who obtains information that a driver has violated the alcohol or controlled substances requirements may not employ the driver until the carrier has obtained information on subsequent compliance with the referral and rehabilitation requirements.
** Practice Pointer **
Request all pre-employment drug and alcohol screens and any information provided to drivers about drug and alcohol testing.
D. Reasonable Suspicion Testing
If a motor carrier has a reasonable suspicion that a driver has violated the alcohol use prohibitions, the carrier must require the driver to submit to testing. This reasonable suspicion must be based on the appearance, behavior, speech or body odor of the driver. A supervisor or company official who has received specific training regarding the use of alcohol shall make the determination that a reasonable suspicion to conduct testing exists. Carriers are required to provide these supervisors with at least one hour of alcohol misuse training and one hour of controlled substances training in order to identify violators. The supervisor must witness the alleged violation during, just preceding or just after the period of the workday. The supervisor making the determination is prohibited from conducting the alcohol test on the driver. If the alcohol test is not performed within two hours of the determination of a reasonable suspicion, the carrier must prepare and maintain a record stating the reasons the test was not completed in a timely fashion. If the carrier fails to conduct a test within eight hours, the carrier shall cease any attempts to complete the test. After a determination that a reasonable suspicion exists for a violation, a carrier may not allow a driver to report for duty or remain on duty requiring the performance of safety-sensitive functions until an alcohol test is completed with a result of less than 0.02 blood alcohol concentration, or twenty-four hours has elapsed since the alleged violation.
A carrier must also conduct a controlled substance test if the carrier has a reasonable suspicion that a driver has used a controlled substance. The carrier's reasonable suspicion must be based on the behavior, speech and body odor of the driver especially any indications of chronic or withdrawal effects of controlled substance use. A supervisor or company official who has received specific training regarding the use of controlled substances shall make the determination that a reasonable suspicion to conduct testing exists. The supervisor must make a written record of the observations leading to the controlled substance testing within twenty-four hours of the occurrence or before the results of the test are released, whichever is earlier.
** Practice Pointer **
If drug or alcohol use by a driver is an issue, make sure that a supervisor had training in reasonable suspicion testing to detect the driver's use before it became a problem.
E. Random Drug & Alcohol Testing
A carrier must also conduct random alcohol and drug testing on a certain percentage of its drivers per year regardless of their conduct. The testing must be unannounced and the dates for administering the tests must be spread reasonably throughout the calendar year.
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Contact Our Truck Accident Lawyers — Serving Columbus, Macon, and Augusta, Georgia
If you have any questions regarding alcohol and controlled substance testing, or if you have been involved in a truck collision and are seeking representation, contact the trucking accident lawyers at Fried Rogers Goldberg LLC. Serving Columbus, Macon, Augusta, and all of Georgia, our attorneys boast an impressive track record of successful verdicts and settlements. We can help you obtain compensation for your injuries.