The employer will be required to make decisions on a range of drug testing specifics: e.g., who will be tested, when they’ll be tested, when they’ll be tested, what drugs will tested, what laboratory will be used… Various options are available and require careful consideration based on local, state, and federal requirements.
Ohio Drug-Free Safety Program
(DFSP) Required Testing:
Basic Program
· Pre-employment/new hire
· Reasonable Suspicion
· Post-accident
· Return-to-duty/follow-up testing (if applicable)
Advanced Program
· Pre-employment/new hire
· Reasonable Suspicion
· Post-accident
· Return-to-duty/follow-up testing (if applicable)
· Random Testing annual minimum rate of 15% of staff
Ohio Contractors (HB80)
· Pre-employment/new hire
· Reasonable Suspicion
· Post-accident
· Return-to-duty/follow-up testing (if applicable)
· Random Testing annual minimum rate of 5% of employee working on State funded projects
Department of Transportation (DOT)
· Pre-employment/new hire
· Reasonable Suspicion
· Post-accident (as required)
· Return-to-duty/follow-up testing (if applicable)
· Random Testing - Commercial Driver’s License (CDL) must be placed in a random testing pool with the ratio of 50% drug & 10% alcohol
WHO MUST COMPLY WITH THE FEDERAL REQUIREMENT
The U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), adopted regulations requiring certain commercial motor vehicle operators to be tested for alcohol and drugs in order to reach the goal of a alcohol and drug-free transportation environment.
The Federal Motor Carrier Safety Administration’s alcohol and drug testing rules apply to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any state, and is subject to: (1) the commercial driver’s license requirements of 49 CFR Part 383;