All drivers who hold a Commercial Drivers License (CDL) and who operate a Commercial Motor Vehicle (CMV), will be subject to alcohol and controlled substances testing pursuant to the United States Department of Transportation (Federal Motor Carrier Safety Administration) regulations. For the purpose of these requirements, a Commercial Motor Vehicle is defined as:
These rules apply to drivers who operate CMV’s both interstate(multi-state) and intrastate(within state borders)
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
No driver shall report for duty, remain on duty or possess alcohol during the performance of safety-sensitive functions. No driver shall be allowed to perform safety-sensitive functions with an alcohol concentration in excess of 0.02 or greater. No driver shall refuse to submit to a required alcohol test.
The mandated method of testing for alcohol is by breath and/or saliva. Only devices approved by the National Highway Traffic Safety (NHTSA), which are on the Conforming Products List (CPL) shall be utilized for alcohol testing. Only trained Breath Alcohol Technicians (BAT’s) or Screen Test Technicians (STT’s ) will be allowed to administer a breath or saliva alcohol test.
The New Hampshire Motor Transport Association consortium testing program has several locations that have the required personnel and equipment in place to perform the required alcohol testing.
The regulations require testing for the following classes of controlled substances:
Cannabinoids (Marijuana, hashish, grass, pot, hash oil, marinol, dronabinol)
Cocaine (Coca leaves, crack, free base, snow, flake, blow)
Opiates (Opium and codeine derivatives-heroin, smack, junk, china white)
(Meth)Amphetamines (Stimulants, speed, crystal, crank, uppers, bennies, dexies, etc)
Phencyclidine (PCP- angel dust, dusters, hallucinogens)
Controlled substance testing is required for CDL drivers in the following circumstances:
The mandatory testing procedures are based on those established by the United States Department of Health and Human Services. These procedures include: urine sample collection, laboratory procedures, alcohol test procedures, and reporting of results and confidential record-keeping of final test results and statistical data. Only laboratories certified by the Substance Abuse Mental Health Services Administration (SAMHSA) may be used. These procedures exist to safeguard accuracy and to protect the privacy of drivers.
It is critical that companies and drivers participate honestly in the process. A driver who refuses to submit to testing is considered “unqualified to drive”.
A driver who has tested positive for any of the substances will be notified and may discuss the positive test results with a qualified Medical Review Officer (MRO). The driver will be given an opportunity to explain any special circumstances to the MRO. The MRO has the authority and responsibility for reporting the results to the company’s drug program management for action.
All drivers who have been determined to be positive by the MRO must be referred to a Substance Abuse Professional (SAP) for counseling.
In addition to the testing procedures, §382 of the FMCSA regulations requires all drivers, supervisors and company officials undergo a training program on the subject of the use and abuse of alcohol and controlled substances.
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