• Employers should use the definition of a safety-sensitive position to help determine which drivers to include in the random testing pool.

One of the first steps in setting up the random pool is to determine who should be included. A safety-sensitive position refers to anyone who operates, is in readiness to operate, or occasionally operates a commercial motor vehicle (CMV) that requires a commercial driver’s license (CDL).

Although a CDL would be required to perform a safety-sensitive function, applicability is not based on licensing alone. For instance, an employee who holds a CDL, but does not operate a vehicle requiring one, should not be a part of a DOT testing program. Even if this employee operates a non-CDL CMV, the employee is not subject to any test type within Part 382. Any testing of this individual would have to be a part of an employer’s non-DOT testing program, even if the individual is regulated under other areas of the safety regulations.

Employers commonly make the mistake of omitting eligible drivers from the driver master and including drivers who are not subject to the rules under Part 382.

Don’t forget the following individuals on the employer’s driver master for Department of Transportation (DOT) random selections:

• Owner-operators. If the lease agreement places an owner-operator under a carrier’s authority, the company is responsible for DOT safety compliance for this driver. This includes placement in its DOT random selection, even if the driver’s name is in a consortium or participates in another program under another motor carrier.
• Drivers from a staffing service. Drivers from a staffing service who are operating under a motor carrier’s authority must be included in the carrier’s random pool. However, there is an exception if a staffing service has a DOT testing program, and the driver is assigned to the carrier for fewer than 30 days.
• Seasonal. Even if someone is hired to fill in during a busy stretch, such as summers, holidays, and vacations, the person must still be included on the roster.
• Part-time drivers. Even though a driver may only work one day per week for a secondary employer, and be in a primary employer’s random program, the driver must be included in the secondary employer’s program.
• Occasional drivers with other job titles. Mechanics, dispatchers, managers, and other motor carrier personnel who fill in or move CMVs around must be included on the drive list. This may even include movement around private property, if the yard or lot does not restrict access to the public.

A driver must remain in the random selection pool during a leave of absence, long vacation, or layoff, provided the motor carrier is sure the person will return. A temporary, occasional, or intermittent driver must remain in the random pool for as long as the motor carrier expects that the person might be utilized again. If the motor carrier is sure that the driver will not return, the person’s name may be removed from the list of drivers.