Land, Sea & Air
Medical Review Specialists
910 Route 109
North Lindenhurst, NY 11757
(631) 225-3060

Establishing an anti-drug and alcohol misuse program in agreement
with DOT-FMSCA regulations
Who must be tested?
Any person that:
  1. drives a vehicle in excess of 26.000 lbs; or
  2. drives a vehicle that carries placarded hazardous materials; or
  3. drives a vehicle that is designed to transport 16 or more passengers including the driver.
Pre-employment Testing
All operators (as outlined above) must be drug tested with negative result prior to beginning employment in a safety sensitive position.
Random Testing
50% annual testing requirement
10% annual alcohol testing requirement
Everyone must be eligible for selection each time
Post-Accident Testing
As soon as practibable following an accident, a driver must be tested for alcohol and controlled substances:
Alcohol tests.  If a test requried by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered.   If a test required by this seciton is not administered within eight hours folliwing the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record.  Records shall be submitted to the FHWA upon request of the Associate Administrator. 
Controlled substance tests.  If a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered.  Records shall be submitted to the FHWA upon request of the Associate Administrator.
  1. Who was performing safety sensitive functions with respect to the vehicle and the accident resultd in loss of life; or
  2. Who receives a citation under State or local law for a moving traffic violations arising from the accident, if the accident involved:
    1. Bodily injury to any person, as a result of the injury, immediately receives medical away from the scene of the accident: or
    2. One or more motor vehicles incurring disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

 
Reasonable Cause Testing
Who has the authority to require testing?
  • Employer's supervisor

Supervisors must receive 60 minutes of training in Supervisory Reason to Suspect Training.
Informational and training material can be obtained from:
J.J. Keller and Associates
(800) 327-6868
Employee Assistance Program
Employer shall provide and Employee Assistance Program for all employees.  Land, Sea & Air recommends TRI-STATE REACH (631) 218-9102.

Must include education and training on drug abuse.

  • Display information material
  • Display Hotline Number
  • Display Drug Policy

 
Return To Duty Testing
Any person who has tested positive for controlled substance and/or alcohol must undergo a return to duty test with a negative result before they can return to their safety sensitive position.
Follow-up Testing
Any driver that has tested positive for a controlled substance and/or alcohol must be evaluated and treated by a substance abuse professional (SAP) before returning to work.   Following a negative return to duty test (see above), they must go through an unannounced follow-up testing program for a minimum of 1 year.
Records
  • Maintain records of chemical tests with positive results for 5 years
  • Maintain records of alcohol tests with positive results for 5 years
  • Maintain records of alcohol tests with negative results for 1 year
  • Maintain records of chemical tests with negative results for 1 year
  • Maintain record of all employees that have received EAP training
  • Maintain copy of MIS reports
Consortium
Land, Sea & Air's Federal Highway Consortium has met all of the requirements set forth in the regulations.  We are using certified laboratories for all our chemical testing needs and all Federal Highway drug screens are NIDA 5 drug screens.  Additionally, we manage programs for follow-up testing and interact with substance abuse professionals for these cases.
NIDA 5 drug screen
Tests for: Marijuana
Cocaine
Opiates
Phencyclidine (PCP)
Amphetamines
Land, Sea & Air Medical Review Specialists will maintain your program for you.

The employer is ultimately responsible for compliance with the DOT-FHWA regulations, and all MIS reports due each year.

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Page last updated:  July 06, 2001

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