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Atlanta Injury Lawyer Tony Kalka represents victims ofTruck Driver Drunk Driving Accidents and vicitms of Truck Driver intoxicated accidents.
Motor carriers are required to test their drivers randomly for the presence in their bodies of alchool and drugs. Most of the industry readily concedes that substance abuse in truck drivers is troubling at best. For 2011, the Department of Transpotations's Federal Motor Carrier Safety Administration has established the minimum random testing rate for drivers at 10% for alcohol testing and 50% for drug testing. Despite the fact that the trucking industry accounts for over 222 billion miles a year, the trucking industry wants to lower the amount of times a truck driver is tested for drugs and alcohol. Despite the Trucking Industries attempt to save a dollar, the DOT has recently amended the drug and alcohol testing regulations that may require motor carriers to revise their written policies and procedures. Specifically, the DOT has adopted revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs which were proposed by the Department of Health and Human Services. Addtionally, the DOT's mandatory direct regulations for all return-to-duty and follow-up drug testing are now effective. The regulations define a refusal to tae a drug test to include:
1) Failure to turn up at a drug testing facility or and excessive dalat in arriving;
2) Departing a drug testing facility prior to test completion;
3) Failure to provide a sufficient amount of urine sample;
4) Failure to cooperate with an part of the testing process;
5) Tampering with Samples; and
6) Possession of wearing a prosthetic device that could interfere with collections.