DOT and Non-DOT Drug and Alcohol Testing
6/21/2018 5:47:17 PM
Drug Testing

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DOT Policy at NTA

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Legal Considerations
What Your Policy Must Include


Writing, explaining, and distributing a drug and alcohol testing policy is one of the most important steps when implementing your company's substance abuse testing program. Your policy will outline the company's drug-free position, your expectations of your employees, and steps you will take if the company policy is violated. The policy establishes ground rules for your testing program and lets each employee know that your company is committed to a drug and alcohol-free workplace.
NTA, Inc. can help you with your substance abuse company policy.

Legal Considerations

When developing your company policy, the following are some of the legal aspects which must be considered:
DOT Regulations
State Drug Testing Laws
Invasion of Privacy Laws
Defamation Laws
State Handicap Discrimination Laws
Family and Medical Leave Act
Unemployment Compensation Laws
Workers' Compensation Laws
As with any legal document, it is always recommended that your company attorney review and approve your policy.

What Your Policy Must Include

The identity of the person designated by the employer to answer driver questions about the materials.
The categories of drivers/employees who are subject to the testing regulations.
Sufficient information about the safety-sensitive functions performed by those drivers/employees to make clear what period of the work day the driver/employee will be required to be in compliance.
Specific information concerning prohibited driver/employee conduct.
Circumstances under which a driver/employee will be tested for alcohol and/or controlled substances.
The procedures that will be used to perform testing, protect the driver/employee and the integrity of the testing process, safeguard that the correct results are attributed to the correct driver/employee.
Statements regarding the requirements that a driver/employee submit to testing as per the regulations.
Explanation of what constitutes a refusal to test and the consequences of a refusal.
Consequences for drivers/employees that violate specific prohibitions of the policy, including the requirement that drivers/employees be immediately removed from safety-sensitive functions.
The consequences for drivers/employees found to have an alcohol test result of .02 or greater, but less than .04.
Information concerning the effects of alcohol/controlled substance use on a person's health, work, and personal life; signs and symptoms of a substance abuse problem, and available methods of intervening when a substance abuse problem is suspected.

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