By: Chad Engle, Loss Prevention Manager and Safety Specialist
Many Nebraska counties employ Commercial Driver’s License (CDL) holders who operate Commercial Motor Vehicles (CMVs). These employees are subject to the U.S. Department of Transportation (DOT) drug and alcohol testing requirements administered by the Federal Motor Carrier Safety Administration (FMCSA) as the regulatory federal agency. Counties must enroll these employees in a DOT random drug and alcohol testing program.
How Employees are Selected for Random Testing
For many years, NIRMA has partnered with Medical Enterprises, Inc. (MEI) to provide consortium and third-party administrator (C/TPA) services for members who choose to utilize them. Counties are free to use any qualified C/TPA of their choosing. While ultimate responsibility for compliance remains with the employer, a C/TPA can assist with the administration and logistics necessary to maintain a compliant testing program. DOT guidance specifically recognizes the role of C/TPAs in administering drug and alcohol testing programs.
One important service provided by a C/TPA is the management of a random testing pool. MEI combines CDL drivers from multiple employers into a single consortium pool. This approach is especially beneficial for smaller employers because it provides a larger population of drivers from which random selections are made, helping ensure a truly random and statistically valid testing process.
Each quarter, MEI or your chosen C/TPA will provide your Designated Employer Representative (DER) with a list of employees selected for random drug and/or alcohol testing. These primary selected employees should be tested whenever possible during the designated testing period.
When an Alternate on the List Can Be Substituted
In addition to primary selections, your C/TPA may provide alternate selections. However, alternates cannot simply be substituted for convenience. FMCSA guidance permits the use of an alternate only when the originally selected driver is unavailable for testing during the entire selection period due to a long-term absence.[1]
Examples of unavailability of the originally selected driver include:
- Extended medical leave due to illness or injury
- Extended vacation
- Long-term layoff
- Termination or resignation of employment
- Other circumstances resulting in the driver’s unavailability for the entire testing period
Examples of what would NOT qualify as “unavailable” for the originally selected driver include:
- Short-term absences
- Testing would be inconvenient to the driver’s schedule
- The driver is off work on the day the employer chooses to conduct testing
- The employer for business or other reasons wants to avoid testing the driver
If an alternate is used, employers must meet two important compliance requirements:[2]
- The alternate selection must have been generated through a scientifically valid random selection process. Employers may not hand-pick drivers to replace a selected employee.
- The employer must document why the primary driver was unavailable and maintain that documentation for review during a DOT audit or investigation.
Compliance Matters
The FMCSA takes drug and alcohol testing compliance seriously. During audits, one of the first items investigators review is whether random selections were handled properly and whether sufficient documentation exists when alternates were used. Failure to comply with DOT drug and alcohol testing requirements can result in significant penalties, enforcement actions, and potential operational disruptions.
The goal of random drug and alcohol testing is simple: ensure that our nation’s roads remain safe by keeping impaired drivers from operating commercial motor vehicles. Counties play an important role in achieving that goal through diligent program administration and compliance.
If you need assistance understanding or meeting the DOT’s requirements for random drug and alcohol testing of employees with a CDL, contact NIRMA’s Loss Prevention Department. We are happy to help ensure your county remains compliant.
[1] https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/it-permissible-select-alternates-purpose-complying-random-testing
[2] https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382/subpart-C/section-382.305
