We offer Collection Site Services, Consortium Membership, Supervisor Training, Data Reporting, Random Selections, Post-accident Collections , Reasonable Suspicion Collections, Criminal Background Checks and Department of Motor Vehicles (DMV) History, Breath Alcohol Testing and 24 hour mobile services.
How will you or your business satisfy the tough federal drug and alcohol testing laws?
You don’t have to – we will manage it all for you. API Global offers a program for anyone needing to comply with state and/or federal random drug and alcohol test regulations or any company imposed requirements, economically and efficiently. This is the perfect random drug and alcohol testing program if you are a Commercial Motor Vehicle (CMV) Owner/Operator with your own Federal Motor Carrier Safety Administration (FMCSA) authority from DOT, a Commercial Freight Company, a United States Coast Guard (USCG) licensed captain with or without a crew, an Federal Aviation Administration (FAA) licensed pilot or mechanic, a Pipeline and Hazardous Materials Safety Administration (PHMSA) company, a manufacturer, or a business owner that has employees and requires random drug and alcohol testing. It also meets the needs for Non-DOT testing. The Consortium Program meets the requirements of 49 CFR Part 40 Procedures for all random drug testing, Coast Guard drug testing, trucker Commercial Drivers License (CDL) drug testing or any other drug testing service needs. We have access to drug test collection sites throughout the USA, so there is always one nearby.
Whether you’re an owner-operator or have a fleet of drivers, with our Consortium Program you will be in full federal compliance – quickly and easily and, at the lowest possible cost. Our Consortium Program also includes your required Policy and Procedures Format, Management Information Systems (MIS) document each ½ year and Audit support when necessary.
API Global also offers fully compliant Supervisor Training classes throughout the year to meet federal mandated requirements.
With your enrollment in our Consortium Program, your membership can go with you anywhere you go. So, if you change companies or take a part time position you don’t have to take a new drug test. Your Certificate of Enrollment from us ensures that you are fully compliant with federal drug testing laws. In most cases, it is also a tax deductible business expense.
What is a drug and alcohol testing consortium?
A consortium is simply an association of independent businesses that belong to it for a common purpose. In this case, the purpose is to provide a random drug and alcohol testing structure. This consortium serves as your “Third Party Administrator (TPA)” for the members – between the government and you or your company. You will have a full-service drug & alcohol testing plan that will give you peace of mind and make this part of your business worry free. Our simplified procedure is ideal for anyone who is subject to random drug testing. Our program includes all required drug test occasions: Pre-employment, Random, Post Accident, Reasonable Suspicion, Return to Duty, and Follow Up. We are a professional organization with many years of experience.
How the Consortium Works
To easily accommodate regulations, API Global developed a random drug and alcohol testing consortium that any individual or company may join. Once enrolled, at any time during the year, participants may be randomly selected from the entire pool for testing (urine sample and/or Breath Alcohol Test). If selected, the participant must not refuse to comply. A computer chooses the person’s social security number and test date, names are not used. Any member of the consortium may expect to be selected for testing once per year, although, it is possible that one may not be selected for two or more years. It is also possible that a member could be selected more than once per year since the process is random. If you are selected, but have not tested by the date shown on your letter, we are required to report that as a refusal to test. However, unlike some companies, we will make every attempt to connect with you before reporting it.
So what are the exact rules about documents you need to maintain for your drug program?
Within the regulations CFR 49 Part 382, it clarifies that: MIS REPORTS: Subpart D – Handling of test results, records retention, and confidentiality, §382.403 Reporting of results in a management information system. (a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any state or local officials with regulatory authority over the employer or any of its drivers. (b) If an employer is notified, during the month of January, of a request by the FMCSA to report the employer’s annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA by March 15 of that year. The employer shall ensure that the annual summary report is accurate and received by March 15 at the location that the FMCSA specifies in its request. The employer must use the MIS form and instructions as required by 49 CFR part 40 (at § 40.26 and appendix H to part 40). The employer may also use the electronic version of the MIS form provided by the DOT. The Administrator may designate means (e.g., electronic program transmitted via the Internet), other than hard-copy, for MIS form submission.
Information on the electronic version of the form (c) When the report is submitted to the FMCSA by mail or electronic transmission, the information requested shall be typed, except for the signature of the certifying official. Each employer shall ensure the accuracy and timeliness of each report submitted by the employer or a consortium. (d) If you have a covered employee who performs multi-DOT agency functions (e.g., an employee drives a commercial motor vehicle and performs pipeline maintenance duties for the same employer), count the employee only on the MIS report for the DOT agency under which he or she is randomly tested. Normally, this will be the DOT agency under which the employee performs more than 50% of his or her duties. Employers may have to explain the testing data for these employees in the event of a DOT agency inspection or audit. (e) A service agent (e.g., Consortium/Third party administrator as defined in 49 CFR 382.107) may prepare the MIS report on behalf of an employer. However, a company official (e.g., designated employer representative) must certify the accuracy and completeness of the MIS report, no matter who prepares it.
Selected for Random Drug & Breath Alcohol Test (BAT) Testing, but there are no facilities nearby
Question: I’m am owner-operator and was selected for a random drug test and BAT but there is no testing facility close enough for me to do both tests. The site right in my area only does drug tests. Can I only do the drug test?
Answer: If a driver has been notified of his/her selection of a random drug and/or alcohol test and the testing cannot be completed because of “unforeseeable obstacles” at the collection site (i.e. collection site closed, collector unavailable when driver shows up, equipment or training problems, emergency such as a fire, natural disaster, etc…) what is the carrier’s or employer/drivers responsibility? In accordance with §382.305(i)(3) and §382.305(l), each driver selected for testing shall be tested during the selection period; and upon notification of selection for random alcohol and/or drug testing proceed to the collection site immediately. In instances of “unforeseeable obstacles” the driver shall immediately contact the employer’s Designated Employer Representative (DER) for instructions to an alternative collection site. These “unforeseeable obstacles” do not negate the employer’s responsibility of ensuring that the required test be administered. For owner-operators who are both employers and drivers we would suggest that you document the occurrence and get a name, phone number and something in writing to support why the test could not be taken for unforeseeable obstacles and proceed to the alternate collection site immediately.
Question: My driver had an accident, what are the requirements for post-accident testing?
Answer: Subpart C – Tests required §382.303 Post-accident testing (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within 8 hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers: (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (c) The following table notes when a post-accident test is required to be conducted by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section: Table for §382.303(a) and (b) (d)(1) Alcohol tests. If a test required by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request. (2) Controlled substance tests. If a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FMCSA upon request. (e) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. (f) An employer shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section.
Return-to-Duty Process After a Failed Test
Positive means that there was a prohibited amount of drug or alcohol detected or it may be that the donor adulterated or substituted the specimen. A failed test may also be if a donor failed to appear for a test, left the collection site prior to completion of the collection process, was uncooperative with the requirements during the collection process, or failed to provide enough urine without an adequate medical explanation. In all such cases, the individual will be made inactive in API Global’s random testing pools.
To continue eligibility in API Global’s random testing programs the individual must be evaluated by a Substance Abuse Professional (SAP) and have completed the return-to-duty process. In the cases of employer mandated testing, re-enrollment will be based on the employer’s established company controlled substance and alcohol misuse policy. In these situations it is the sole responsibility of the employer to contact API Global to re-enroll the employee.
Employee Receives a Positive Test Result
If a driver/employee’s test result is verified positive, the driver/employee must be immediately removed from performing safety sensitive functions. Follow your company policy regarding the consequences of a positive test result.
Furnish the driver/employee with the information of a SAP for evaluating and resolving problems associated with the misuse of alcohol and use of drugs, including the names, addresses, and telephone numbers of SAP and counseling and treatment programs. API Global will furnish you with information of a SAP that offers providers nationwide and a monitoring program. Other listings are available in your local phone book or at the following web sites:
If this is a DOT test there are specific qualifications that a SAP must obtain to qualify to evaluate the driver/employee. This is extremely important information when seeking a SAP. If a driver/employee uses an unqualified SAP the program will be invalid for DOT purposes and he/she will remain ineligible to return-to-duty.
If the driver/employee is terminated from your company employment, collect his/her ID card and forward it to API Global with the completed Form 110 located in Section 6.
If you want to retain the driver/employee, he/she is required to enter into an Employee Assistance Program (EAP). (Be advised in the case of a non-mandated testing program, it is up to the employer’s discretion but it is highly advised that the same procedure as the DOT is followed). Payment arrangements are between the employer and the employee. DOT requirements do not mandate the employer to be responsible for payment. Rehabilitation may be provided through; a public agency, the employer or a person under contract with the employer, the driver’s health insurance program or the reasonably accessible sole source.
Once the driver/employee has completed the rehabilitation program prescribed he/she must once again be evaluated by the SAP to determine that the rehabilitation program prescribed was properly followed.
The driver/employee is required to test for a return to duty test, drug tests are to be direct observed. Once the valid negative result is received the driver/employee may return to safety sensitive functions.
Submit the Form 110 to API Global to re-enroll the driver/employee in the company’s testing program. API Global will require documentation of the driver/employee’s completion of the return to duty process. (e.g negative return to duty test result(s), follow up testing requirements)
The SAP will direct the driver/employee to unannounced direct observed follow-up drug and/or alcohol testing administered by the employer. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six tests in the first 12 months following the driver’s return to duty and shall not exceed 60 months. The employer may direct the driver to undergo return-to-duty and follow-up testing for both alcohol and drugs, if the SAP determines that return-to-duty and follow-up testing for both alcohol and drugs is necessary for that particular driver. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines that such testing is no longer necessary.
The employer may use a provider to monitor the driver/employee’s follow up program but it remains the employer’s sole responsibility to assure that all of the driver/employee’s follow up program requirements are met and within the time allotted. If you should have any further questions regarding compliance with DOT drug and alcohol regulations, contact API Global staff during business hours.
NOTE: We recommend that your company policy include verbiage regarding who is responsible for payment of the Employee Assistance Program (EAP), Return to Duty (RTD) and Follow Up (F/U) tests in the case where the donor has tested Positive and you decide to employ them as a driver once again.