2024 Facts for Drivers PDF

Substance Abuse Professional (SAP) and comply with the recom- mended treatment. ‘The driver must then pass a return-to- duty test with a negative result. The driver is then subject to unan- nounced follow-up tests. In the first year, the person must be tested at least 6 times. The SAP may r...

Substance Abuse Professional (SAP) and comply with the recom- mended treatment. ‘The driver must then pass a return-to- duty test with a negative result. The driver is then subject to unan- nounced follow-up tests. In the first year, the person must be tested at least 6 times. The SAP may require additional unan- nounced follow-up tests for up to 5 years ($382.503). What are the consequences for a CDL driver who refuses to submit toa FMCSA mandated drug or alcohol test? The consequences of refusing to submit to a required alcohol test are the same as if the driver had tested at 0.04 BAC or greater. The consequences of refusing to submit to a FMCSA mandated controlled substances test are the same as if the driver had tested positive. A driver's refusal to submit to a pre-employment or return-to- duty test does not trigger the need for a SAP evalua- tron, however ($382.211 and §382.501). What protection is there for a CDL driver in the drug testing program? A driver who tests “positive” on an initial test is entitled to a confirmation test using a more sophisticated procedure. If the confirmation test is “positive,” the results must be reviewed by a Medical Review Officer to determine whether the findings have a legitimate basis, such as prescription drug use, or are due to illegal use of a controlled substance. ‘The driver may also request that the second half of the sample (the split specimen) be sent to another lab to be retested. This process is covered in Part 40 of the DOT regulations. What happens to the CDL driver whose iUlegal use of con- trolled substances is confirmed? If the illegal use of a controlled substance ts detected during a routine test, the driver is considered unqualified and must be referred to a SAP for evaluation and possible treatment. The driver cannot drive a CMV until they pass another test and the SAP has approved the driver's return to duty ($382.503). What other types of violations can result in driver disqualification? A driver can be disqualified for one year if convicted of one of the following violations (see $383.51). A subsequent offense of any ay