SafetyQuestion 610 of 1632

A general contractor employs drivers who operate commercial motor vehicles (CMVs) requiring a Class A CDL. Federal Department of Transportation (DOT) rules require those drivers to participate in:

a.Pre-employment and post-accident testing only
b.Random testing only, at the employer's discretion
c.Testing only where state law separately allows it
d.Pre-employment, random, post-accident, suspicion

Explanation

The Federal Motor Carrier Safety Administration rules at 49 CFR Part 382 require a drug and alcohol testing programme covering pre-employment, random selection, post-accident, reasonable suspicion, return-to-duty and follow-up testing for every driver operating a commercial motor vehicle that requires a commercial driver's licence. Option (a) keeps two of the categories and drops random selection, which is the one that makes the programme deter rather than merely detect. Option (b) treats random testing as a management choice, when the minimum annual rates are set by the agency. And option (c) has the pre-emption backwards: these federal rules apply to CDL drivers even where California law otherwise restricts employer drug testing.

Law Reference: 49 CFR Part 382 (§382.301, .305, .307, .309, .311)

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