07/31/2025
In previous posts we've addressed some issues around DOT pre-employment testing, physical exams, random testing and the FMCSA Clearinghouse but we wanted to address them again as we’ve had some customers have confusion.
• FMCSA requires a company to have a DOT pre-employment drug test on file PRIOR to the driver being put on the road. Over the course of the last several months we've have received communication from some customers wanting us to add their new driver to the list for random testing however they have not had a pre-employment DOT test. Failure to do a pre-employment DOT test puts you at high risk for fines from the DOT and for a lawsuit should that driver injure him/her self or others in an accident. Note: if you have an employee who was not hired to perform DOT duties and you are now wanting to transition them to DOT duties, you must get a DOT pre-employment test prior to having them start driving.
• When employees go out on medical or other leave for an extended period of time (greater than 30 days) and are thus removed from being in the pool for random testing, upon their return they are required to have a pre-employment DOT test completed before the he/she can go back on the road. We have been seeing non-compliance with this issue more and more over the last year.
• When drivers are selected for random testing, they are not to be told in advance that they have been chosen. The FMCSA is pretty clear on this one and stipulates “the employer must ensure that the driver proceeds immediately to a collection site. Immediately, in this context, means that all the driver’s actions, after notification, lead to an immediate specimen collection.”. Note: you do not have to notify a driver they have been selected for testing when they are not on duty, however if you do, they are to report immediately for testing. Furthermore, the time they spend driving to and from testing and the time during the test is considered on-duty time. We typically advise you not inform a driver they have been selected until they are on duty.
• We have started tracking when drivers wo have come to us for a DOT Physical need to come back to get a new physical exam and are contacting them to schedule an appointment. Typically, we like to schedule them at least 30 days prior to the expiration of their current medical card to ensure if there are any missed appointments or the physical identifies issues, we still have time to get those addressed before the expiration. Please remind your drivers when they are coming to see us for a physical to bring in any medications they are taking, eyeglasses if they wear them, and if they are on a CPAP machine they should bring in their 30 day compliance report. Failure to bring those in could delay getting the physical completed.
• The FMCSA Clearinghouse https://clearinghouse.fmcsa.dot.gov/ continues to be an area where we see many companies having challenges. As a company, it is required that you register for the Clearinghouse, that your drivers register in the Clearinghouse and that you query the Clearinghouse prior to hiring them and then annually thereafter. Failure to do so can result in significant fines and puts your business at risk.
If you have any questions about these issues or others, please feel free to reach out to us at 803-536-4900, ext. 113 or by email mdennis@tccada.state.sc.us
An online database that gives employers and government agencies real-time access to information about CDL driver drug and alcohol program violations.
