• Tests must be unannounced. Employers should not give drivers advance notice that the person was selected for a DOT random alcohol or drug test.
• Employers may take one of two approaches to evenly distribute tests throughout the year.

Once a random selection has been made, the motor carrier has until the end of the testing period to send the drivers to the testing site.

Any drivers who should have been sent during the testing period but were not, should not be sent once into the next selection period. The reason the test was not performed should be documented by the motor carrier. For example, a driver may have been on a temporary leave of absence.

Element of surprise

The driver must not have any advance notice of being selected for a Department of Transportation (DOT) random alcohol or drug test. Testing regulations refer to this as being “unannounced.” A common myth is that drivers may be given an hour or two to make it to a collection site. Once a driver is notified of a test, the employee must immediately proceed to the collection site. To do otherwise or to arrive later than reasonable travel time is considered a refusal to be tested, which holds the same consequences as a positive test result. Any notice could give a driver time to adulterate or substitute a result.

Evenly distributed tests

The Federal Motor Carrier Safety Administration (FMCSA) testing rules require that the dates for administering random alcohol and controlled substances tests are spread reasonably throughout the calendar year. But the regulations offer little insight into how a motor carrier is to accomplish this.

Spreading the tests reasonably throughout the year may be taken to mean the testing periods evenly divide the calendar year. But the driver notifications within the testing cycles may take one of two approaches:

• Sending everyone as soon as possible after the random selection. This approach ensures that everyone on the list is tested as soon as practicable, leaving fewer chances of incomplete tests. On the other hand, if a motor carrier notifies selected drivers to go for DOT testing on the same day each testing period (e.g., first of each month, first day of each quarter, etc.), the element of surprise is gone. Even if the day is varied, but the drivers know that the company has a pattern of sending all the drivers on the same day, workers could think it “safe” until the next testing period to engage in drug or alcohol use. Remember, the carrier doesn’t have to select and send the names on the very first day of the testing cycle, but all tests must be completed by the end of it.
• Spreading notifications throughout testing cycle. Some carriers spread the notifications throughout the testing period to fulfill the requirement of spreading notifications reasonably throughout the year. Carriers divide up the names, sending a few one week, a few another week, and so forth until the list is completed by the end of the testing cycle. This satisfies:
  • Evenly spreading the tests throughout the year,
  • Completing the tests by the end of the cycle, and
  • Leaving an element of surprise.
  However, this method may leave the carrier with tests that were not completed if a driver who was slated for notification late in the testing cycle is unexpectedly off work or leaves the company. This approach also could lead to allegations that some test notifications were withheld until later in the testing cycle to protect those that were known to be under the influence, until a time of sobriety. Motor carriers with minimal drivers may not have the option of sending a driver per week when the company only selected one or two names for an entire testing cycle.

Alcohol versus drug test notification

A driver may be sent for a DOT drug test at any time. Use of a drug is a violation whether performing a safety-sensitive function that day or not. However, a driver may only be sent for a DOT alcohol test right before, during, or after performing a safety-sensitive function.

This is important to remember for those drivers who hold other positions at the carrier. For example, a manager, dispatcher, mechanic, or warehouse worker who is in the random selection may be sent for alcohol testing only on those days the person operates or is in readiness to operate a commercial motor vehicle (CMV) requiring a commercial driver’s license.

If not performing a safety-sensitive function, the carrier would need to hold on to the notification until the next time the employee performs a safety-sensitive function. But the motor carrier could send the person for the drug test during any shift since there is no stipulation that it must be tied to performing a safety-sensitive function that day.

Handling drivers who are unavailable for testing

If a driver is unavailable for testing due to an extended leave of absence (medical, personal, vacations, layoff, etc.), the motor carrier should hold on to the name (keeping the person’s selection a secret) and notify the driver upon return, providing the driver returns before the next testing cycle. If the driver does not return before the next testing cycle, the motor carrier would simply document why the test was not performed and compensate for the missed test during a future selection to make its annual percentages.

The FMCSA allows for the use of alternates in cases where the original driver selected is unavailable for testing due to a leave of absence and it is known for certain that the driver will not return before the end of the testing cycle. If there is any chance that the driver who was originally selected will return before the end of the testing period, an alternate should not be used. The alternate must be selected using a scientific method, the same as the general pool.

Use of an alternate must be the exception, not the norm, or the FMCSA may investigate whether a designated employer representative is using alternates to keep from testing specific drivers for business reasons (busy seasons) or as a cover for drivers who the motor carrier suspects would not pass the test if sent.

Notification tips

Your random drug and/or alcohol notifications may require planning. You don’t want to set your driver up for failure or to create a motor carrier violation through improper procedures.

Avoid messy situations:

• Instruct front-line managers on the regulatory basics.
• Prevent scheduling conflicts (e.g., childcare, personal appointments):
  • Don’t notify drivers at the end of their shift if the test may extend into the driver’s free time;
  • Check the driver’s time-off requests (e.g., doctor’s appointment, leaving early for the day, etc.); and
  • Avoid an off-duty notification policy.

• Remind drivers during notification to immediately proceed to the clinic, so there is never a doubt.

• Use the company policy to ensure:
  • Drivers know what “immediate” means, and
  • The DER knows what constitutes a refusal to test.
• Avoid using text, voicemail, or email for remote notifications of random testing. A documented phone call where you speak with the driver backs up any claims of refusal to test.