Each prospective driver must have their background checked from the previous two years to determine if they had any positive tests with previous employers; answer questions about their previous testing history; and submit to pre-employment drug testing. There is no pre-employment alcohol testing.
Use the following checklist to ensure proper pre-employment background checks and tests are completed.
Prior to pre-employment drug testing:
With the prospective driver, gain consent and complete the Release of CDL Testing Information form. Fax this form to the number indicated on the form and keep the original locally.
Have the prospective driver complete the CDL Drug & Alcohol Testing History Questionnaire form .
Arrange a pre-employment drug test.
Once the pre-employment drug test is passed:
Pre-employment test protocol
The pre-employment drug test is completed either immediately after a conditional job offer is made for those who will be covered employees immediately upon hire; or after hiring those who will not be immediately performing CDL driving duties, but will be required to become covered employees after their CDL is obtained. Follow the below process for pre-employment testing.
On the same day as the testing is to be performed, complete the CDL Test Authorization Form , indicating a pre-employment drug test.
In a sealed envelope, give the prospective employee the Federal Drug Testing Custody & Control Form (carbon copy layered form) and the completed CDL Test Authorization Form.
Notify the prospective employee that they are to:
Proceed immediately to the designated testing facility
Take a valid piece of government picture identification (Driver’s license, military ID, etc.)
Present the envelope and their ID to the testing facility staff upon arrival
If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen tests positive, contact your human resources consultant immediately.
Maintain all pertinent records in accordance with records retention and confidentiality policies.
If the background screening history or pre-employment drug test indicate a positive test, a refusal to test or other adverse information, contact your unit’s human resources consultant. Successful completion of pre-employment drug testing will automatically result in the individual being added to the random testing pool.
References
Pre-employment testing rules – DOT 49 CFR 382.301 DOT 49 CFR 382.411 DOT 49 CFR 40.25
Random drug and alcohol testing
Annually, the University is required to randomly test at least 50 percent of all CDL drivers for drugs and 10 percent for alcohol. Each quarter, our testing contractor will notify each unit of employees who are randomly selected, and whether the test required will be for drugs or alcohol – or both. The employee must complete all required testing within the same quarter (90 day period) of the unit being notified of the selection. It is strongly recommended that testing be completed within 30 days of unit notification of their employee being selected for random testing. The employee must not be given any advance notice of the testing. Results will be forwarded by the testing contractor to your unit’s designated representative.
Random test protocol
On the same day as the testing is to be performed, complete the CDL Test Authorization Form , indicating a random drug and/or alcohol test.
Place the Federal Drug Testing Custody and Control Form (carbon copy layered form) and the completed CDL Test Authorization Form in a sealed envelope.
Ensuring that the employee has a valid government issued picture identification and no prior notice , direct the employee or take the employee to the designated testing facility as soon as possible.
The employee must present their identification and the sealed envelope to the testing facility staff upon arrival.
If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
Maintain all pertinent records in accordance with records retention and confidentiality policies.
References
Random testing rules – DOT 49 CFR 382.305
Post-accident testing
A CDL driver must submit to post-accident drug and alcohol testing if they are involved in an accident that occurs on a public road (including University property) with a UW vehicle requiring a CDL to operate and the accident has:
Caused a fatality, regardless if the driver receives a citation
Caused an injury requiring medical care away from the scene of the accident and the driver receives a citation
Caused damage to any vehicle requiring it to be towed and the driver receives a citation
Because UW tests for both drugs and alcohol in these situations, post-accident drug and alcohol test must be administered between 2 and 8 hours after the accident occurs. Our testing contractor does have limited after-hours testing capabilities. Currently, UW CDL drivers can be taken to the LabCorp testing facility at 5300 Tallman Avenue NW in Seattle’s Ballard neighborhood. If testing is needed after 4 p.m. on any day of the week, call the facility ahead of arrival at 206-781-6360 to arrange for testing.
Post-accident test protocol
Before testing, complete the CDL Test Authorization Form , indicating a post-accident drug and alcohol test.
Place the Federal Drug Testing Custody & Control Form (carbon copy layered form) and the completed CDL Test Authorization Form in a sealed envelope.
Ensuring that the employee has a valid government issued picture identification, take the employee to the designated testing facility as soon as possible.
Present the employee with their identification and the sealed envelope to the testing facility staff upon arrival.
If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
Maintain all pertinent records in accordance with records retention and confidentiality policies.
References
Post-accident testing rules – DOT 49 CFR Part 382.303
Reasonable suspicion testing
Reasonable suspicion testing is required when there is reasonable cause to believe that a CDL driver may be at risk of being impaired as a result of drug or alcohol use. This assessment is based on direct observation of a driver’s behavior and can include, but is not limited to:
The odor of drugs or alcohol on the driver’s breath or clothes
Erratic behavior
Unsteady gait
Reasonable suspicion test protocol
On the same day as reasonable suspicion is reached, complete the CDL Test Authorization Form , indicating a reasonable suspicion test for drugs and alcohol. Ensure the behaviors that gave rise to the suspicion are documented on the form.
Place the Federal Drug Testing Custody and Control Form (carbon copy layered form) and the completed CDL Test Authorization Form in a sealed envelope.
Ensuring that the employee has a valid government issued picture identification, take the employee to the designated testing facility as soon as possible.
Present the employee with their identification and the sealed envelope to the testing facility staff upon arrival.
If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
Maintain all pertinent records in accordance with records retention and confidentiality policies.
References
Reasonable suspicion testing rules – DOT 49 CFR 382.307 DOT 49 CFR 382, Subpart B
Positive tests and return to duty testing
A positive drug and/or alcohol test is reported by the testing contractor’s medical review officer (MRO) to the driver’s unit DER and the UW program administrator when:
A positive initial test has been confirmed by a second, more sensitive testing method
The MRO has made all reasonable attempts to contact the driver to obtain a reasonable and legally allowed reason for the positive test
The driver fails to provide a suitable specimen, or refuses to submit to testing
When a positive test does occur, the employing unit – in coordination with their human resources consultant must take the following initial steps, at a minimum:
Immediately remove the tested driver from safety sensitive work, including CDL driving responsibilities.
Initiate referral to the University-approved substance abuse professional (SAP).
Take appropriate corrective action.
UW policy allows for corrective action, including dismissal – which will vary from case-to-case.
If certain criteria are met, a covered employee who fails their drug or alcohol test may be allowed to participate in a treatment program in an effort to return to their original safety sensitive duties. Such return to work treatment programs will be specified and supervised by the SAP. Until the SAP releases the employee back to work, the employee must not engage in duties defined as safety sensitive by Department of Transportation regulations.
Employees who are cleared to return to their safety sensitive duties (including CDL driving) by the SAP must first submit and pass a return to duty test. This test must be the same type as the test the employee initially failed (breath or saliva alcohol, urine drug).
Follow-up test protocol
Before testing, complete the CDL Test Authorization Form , indicating a return to duty drug and/or alcohol test.
Place the Federal Drug Testing Custody and Control Form (carbon copy layered form) and the completed CDL Test Authorization Form in a sealed envelope.
Ensuring that the employee has a valid government issued picture identification, take the employee to the designated testing facility as soon as possible.
Present the employee with their identification and the sealed envelope to the testing facility staff upon arrival
If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
Maintain all pertinent records in accordance with records retention and confidentiality policies.
References
DOT 49 CFR 382.309 DOT 49 CFR 382.311
Contacts and assistance
For assistance with coordination of this policy with personnel, pay and hiring issues, contact your unit’s human resources consultant.
To resolve billing and invoicing issues, get more chain of custody forms, make corrections to your unit’s testable driver pool or to find appropriate testing facilities, contact Drug Free Business at 800-598-3437 or info@drugfreebusiness.org .
CDL supervisor training
All UW personnel who will supervise employees in safety sensitive positions subject to DOT testing, including CDL driving must complete at least 2 hours of training. This applies to the supervisor, even if they won’t be performing CDL driving duties themselves.
The testing contractor, Drug Free Business periodically offers this training (and others) to UW personnel at no cost. This suite of training can be found on Drug Free Business’ Training page. For assistance accessing and registering for this training, contact Drug Free Business at 800-598-3437 or info@drugfreebusiness.org
References
Training for supervisors – DOT 49 CFR 382.603
Records and confidentiality
All records, conversations and correspondence relating to the UW CDL Drug and Alcohol Testing Program must be held as strictly confidential and safeguarded from uncontrolled or unintentional distribution.
It is recommended that driver records relating to drug and alcohol testing be kept separate from other employee records. All employee records and program related correspondence must be kept in a container that is locked when not in use, in a room that is locked when it is not occupied.
Record Type Where it’s kept How long it’s kept
Negative/cancelled drug and alcohol tests
Employing unit
1 year
Collection logs, if used
Employing unit
2 years
Employer’s copy of chain of custody form and test results
Employing unit
5 years
Documentation of CDL Supervisor training
Employing unit
Length of employment +3 years
Documents from MRO
Employing unit & Human Resources
5 years
Documents from SAP
Human Resources
5 years
Your unit may opt to keep all pertinent records in electronic format. If you do, the Federal law allows employers to keep pertinent records in either paper or electronic format. In order to be allowed to keep documents electronically, files must meet the following criteria:
Be readily and quickly available for review by regulatory agencies – generally within two business days.
Must be legible, clear and have retained the characteristics of the original document.
Must be formatted, filed, archived and destroyed in a controlled and orderly manner.
Be stored in password protected files.
If the above criteria cannot be met, then paper files must be retained.
References
Records Retention & Confidentiality – DOT 49 CFR 382, Subpart D UW GS 8 Retention Schedule, Personnel Records UW GS 2 Retention Schedule, EH&S/Facilities Services Records
Forms
The following are the primary forms used to administer the UW CDL Drug and Alcohol Testing Program.
Form Name Purpose
UW Administrative Policy Statement 13.8 A printer-friendly version of UW’s CDL Drug and Alcohol Testing policy. This must be given to each new CDL driver.
Release of CDL Testing Information Form
Used to gain a prospective CDL driver’s consent to; and to obtain drug and alcohol testing program participation for the last 2 years at previous employers. This is sent to previous employers and a copy kept locally.
CDL drug and alcohol testing history questionnaire Used to question the prospective CDL driver about their testing history in the last 2 years with previous employers. The same form is used for all CDL drivers whether they were self-employed, owner-operators, or salaried regular employees at their previous employers. This is kept locally.
The effects of alcohol and other drugs This is DOT-required reading for all newly hired CDL drivers. Provide a printed copy to the new driver.
Receipt for new driver materials This is used to document that new drivers have been given a copy of The Effects of Alcohol and Other Drugs and UW APS 13.8. This form is kept locally.
UW CDL testing authorization form Used to communicate type(s) of and reasons for drug and/or alcohol testing to testing facilities, testing contractor and the MRO. This form accompanies the Federal Drug Testing Custody & Control Form for every DOT-required drug or alcohol test. Once returned from the testing facility, it is kept locally.
Federal Drug Testing Custody and Control Form
This is a multi-part carbon copy form required for all DOT-required drug and alcohol testing. You must contact Drug Free Business to obtain more of these forms, or to have the information on them corrected.