Motor carriers are required to test their drivers randomly for the presence
in their bodies of alcohol and drugs. Most of the industry readily concedes
that substance abuse in truck drivers is troubling at best. For 2011,
the Department of Transportation'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 number 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. Additionally, 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 take a drug test to include:
- Failure to turn up at a drug testing facility or and excessive delay in arriving;
- Departing a drug testing facility prior to test completion;
- Failure to provide a sufficient amount of urine sample;
- Failure to cooperate wah an part of the testing process;
- Tampering with Samples; and
- Possession of wearing a prosthetic device that could interfere with collections.
Atlanta injury lawyer, Tony Kalka, represents victims of drunk driving accidents throughout Georgia, especially when these accidents occur with semi-trucks.