In case of a positive test result, there are two types of testing, Non-DOT and DOT testing. If it's a Non-DOT test, the company's policy will dictate the next steps. If it's a DOT test, the employee will need to go through a return-to-duty process that includes seeing a substance abuse professional for evaluation and treatment and passing a return-to-duty test. After this, the employee will participate in a follow-up testing plan determined by the substance abuse professional for a specified number of years. All of this is managed by the employer and assistance can be obtained by contacting the company.
A DER (Designated Employer Representative) is a person responsible for managing the company's policy and regulations related to drug and alcohol testing. The DER is the only person with whom confidential information regarding testing is communicated. The DER needs to have a good understanding of the company's policy and regulations and be accessible to answer questions. The person appointed as the DER should be actively working in the organization, capable of directing the actions of the service agents, and have the ability to remove employees from safety-sensitive functions.
Reasonable cause testing, also known as reasonable suspicion testing, is when an employee is tested for drug or alcohol use because there is a suspicion that they may be under the influence while at work. Employers and supervisors must be trained in recognizing and carrying out reasonable cause testing. The employee must be informed of the reason for the testing and must be given the choice to participate. The results of the test will be reviewed by a medical review officer to determine if there are any concerns with prescription drug use.
The use of marijuana is not allowed in the Department of Transportation, as it is considered a controlled substance by the federal government. Employers in Montana have the right to not accommodate the use of marijuana in the workplace as stated in 16-12-108 Montana Code Annotated. There is no test to determine if someone is impaired from marijuana, only a test to show if it is in their system. This means that as an employer, you must decide whether or not to accommodate its use, knowing it could be in someone's system without causing impairment. The use of medical or recreational marijuana does not make a difference, as the testing is for the presence of THC in the body, regardless of how it got there. Employees should be informed of their employer's policy on accommodating THC.
Chemnet offers various software tools to communicate with clients and provide them with real-time access to information. One of these software is Screen Hub, also known as Drug Pack, a database that allows for running random selections and updating participant lists. Another software is University Services, an MRO's website where results can be sent directly to registered employers. Results can be sent via email or accessed through the MRO's portal site. Clients can also access the Federal Motor Carriers portal and clearinghouse site, which provides clearinghouse services. For assistance, clients can reach out to the Federal Motor Carriers Office. Finally, Chemnet's own website provides a wealth of information and resources for clients, including the ability to update participant lists and register as a client.
The Clearinghouse is a website designed to help employers ensure they are not hiring a prohibited driver. To use The Clearinghouse, an employer must register through the FMCSA portal site or directly through The Clearinghouse website. There are two types of queries available: full queries for pre-employment checks and limited queries for annual checks of current employees. The driver must give consent for their information to be accessed. The Clearinghouse has been a source of frustration for some clients, but it is a serious compliance issue for motor carriers. If you have more questions, you can reach out to the team for help.