Frequently Asked Questions


   Substance Abuse Testing:

  • Question: Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated?
  • Answer: Yes. A controlled substances test must be administered any time employment has been terminated for more than 30 days and the exceptions under Section 382.301(c) were not met.
  • Question: Once an employee is randomly tested during a calendar year, is his/her name removed from the pool of names for the calendar year?
  • Answer: No. The names of those tested earlier in the year must be returned to the pool for each new selection. Each driver must be subject to an equal chance of being tested during each selection process.
  • Question: What is a collection site as the term relates to substance abuse testing?
  • Answer: It is a location selected by an employer for the collection of samples for testing in compliance with Part 40, CFR.
  • Question: If a collection site being used by an employer is not in compliance with the guidelines established in Part 40, CFR, who is responsible for the deficiency?
  • Answer: The employer is responsible to ensure that consortium and third party administrators acting on behalf of the employer are in compliance.
  • Hours of Duty:
    • Question: May a driver use a Record of Duty Status Form as a time record to meet the requirement contained in the 100-air-mile radius exemption?
    • Answer: Yes, provided the form contains the mandatory information such as, driver's name, date, time on and off duty.
    • Question: How does compensation relate to on-duty time?
    • Answer: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.
    • Questions: How does a driver record the hours spent driving in a school bus operation when he/she drives a commercial motor vehicle for a company subject to motor carrier safety regulations?
    • Answer: If the school bus meets the definition of a commercial motor vehicle, the time must be recorded as driving time.
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