New DOT Drug Testing CCF Form Required August 30, 2021 Or Cause Delays

New 2021 DOT CCF form

After August 30, 2021, using the old DOT CCF form will cause affidavits and result in delays. 

The Department of Transportation (DOT) announced the updated and revised Federal Custody and Control (CCF) for DOT drug testing is available now and must be used by August 30, 2021. This is a required component of the DOT drug testing program.

If an old Federal CCF form is used after August 30, 2021 a memorandum for record (MFR), or an affidavit will be required by laboratories before DOT urine specimens are tested, which will ultimately cause delays.

Laboratories receive thousands of specimens each night and lab technicians review all chain of custody forms to make sure each chain does not have missing information. When it is determined that a chain is not complete, the lab then determines whether the flaw is correctable or fatal.

If one of the seven fatal flaws are committed, the test is canceled and reported to the MRO as a fatal flaw.

One example of a fatal flaw is when the collector does not print their name and sign the chain.

In the case of a correctable flaw, the lab sends a memorandum of record (or affidavit) to the collector to be completed and sent back to the lab.

An example of a correctable flaw is when the lab receives an old CCF and requests an affidavit to be fixed. The lab cannot proceed with testing the sample until they receive the completed memorandum, which delays the overall resulting times.

Some common questions surrounding the New CCF Form

Who do these form changes affect?

  • Employers
  • Consortia/Third Party Administrators (C/TPAs)
  • Collection sites
  • Laboratories
  • Medical Review Officers (MROs)

How do I know if I have the old DOT CCF form or the new DOT CCF form? 

The easiest way to know the difference is that Copy 1 Lab copy in Step 2 has information about ORAL FLUID testing.  The old form does not mention Oral Fluid.

Is Oral Fluid testing now authorized? 

No. DOT has not yet authorized Oral Fluid testing, do not collect oral fluid using these new DOT CCF forms. 

What should I do with the old CCF forms? 

As soon as you have the new DOT CCF’s, throw away the old DOT CCF’s, this is critical.

Where can I find official information on this? 

Go to: https://www.samhsa.gov/sites/default/files/workplace/2020-fed-ccf-proof.pdf

Where do I get the new CCF forms? 

Whoever manages your drug testing account, Lab or TPA can assist you so that you receive the new DOT CCF form before August 30, 2021.  Many labs are saying to order the new forms in July.

Another option is to work with a third-party administrator (TPA) that can provide you with electronic ordering (eCCF) with no paper drug testing forms.


How can I stay compliant with this change?

Our Compliance Specialists can assist you with any questions you might have.

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

 

When to Use the Most Effective Methods of Drug Testing in Company Policies

DOT Drug and Alcohol Testing | DOT Compliance Services | CNS

Of the three different types of drug testing – urine, oral saliva, and hair testing – which one is most effective to determine drug use?

Urine has been the “gold standard” as the most common method for drug testing across the industry, even as oral (saliva) and hair testing techniques have improved reliability over last few decades.

As we wait for Health and Human Services (HHS) to release hair testing guidelines and the Department of Transportation to adopt those guidelines for safety sensitive positions across Aviation, Commercial Motor Carriers (FMCSA), Maritime, Pipeline, Railroad, and Transit, the discussion of what type of drug testing methods are most effective is now heating up.

Unfortunately, there are many who are misguided on the strategy of when to use each drug testing method as there are pros and cons to each method and the reasons for testing.

So, let us break this down for you.

 

What is the most effective method for drug testing?

The problem with this question is companies are considering dropping urine for oral or hair testing for every type of reason an employee would be tested. This is misguided.

It is important to note that there are various restrictive state drug testing regulations that may prevent companies from drug testing, who they can or cannot drug test and why. 

Regardless, companies need to remember the various reasons they are testing employees. These are:

  • Pre-employment
  • Reasonable Suspicion
  • Post-accident
  • Random
  • Follow-Up or Return-to-Duty

Each reason for testing has their own goals for keeping employees and assets safe.

For example, the goal of pre-employment testing is making sure your staff, especially in safety-sensitive positions, do not have a history of drug abuse. In this situation, it would be ideal to use a drug testing method that provides a longer drug use history. Conversely, for reasonable suspicion testing, a shorter drug detection window would be more effective as it can accurately find recent drug use.

Understanding which method for testing has a shorter detection window would help companies decide if that method is best for this reason.

 

Breaking down collection testing methods

To help make choices on which method of testing is best for your company and reason for testing, we need to break down and compare urine, hair, and oral saliva testing into:

  • Detection Window
  • Collection Time
  • Turnaround Time
  • Ideal Reason for Testing

 

Urine TestingOral (Saliva) TestingHair Testing
RegulatedHHS + DOTPending HHS + DOTPending HHS + DOT
Detection Window2 – 7 days8 – 48 hours, short detection window7 – 90 days, long detection window
Collection Time10+ min depending on if donor did not provide enough sample15 minutes, non-invasive5 minutes, less invasive
Turnaround Time24-48 hours24-72 hours24-72 hours
Ideal Reason for TestingSuitable for all testing reasonsReasonable Suspicion & post-accident testing programPost-accident, reasonable suspicion, pre-employment, and random testing program

 

Now that we understand the pros and cons to each method of drug testing, let us dive into which method is most effective for the reasons a company would drug test.

Urine testing: As the most common testing method, urine testing can detect recent use, between one to three days and is suitable for all testing reasons and types of drugs being tested.

Oral saliva testing: Mouth swab testing is the least invasive method of testing and can detect recent drug use within the first few hours to 48 hours. This makes oral testing the best testing method for both reasonable suspicion and post-accident testing.  

Hair testing: Using hair samples from the body is the only method of drug testing that can detect drugs and alcohol in the system from a week to 90+ days, unlike urine testing, which only detects drugs and alcohol up to 7 days. In recent statistics from Quest, hair testing provides nearly twice the number of positives drug tests than urine testing due to its longer detection time-frame and is the best option for a pre-employment or random testing program.

When looking at updating your company drug testing policies, we believe a mix in methods is the most beneficial in your drug testing programs. Again, it is important to note that there are various restrictive state drug testing regulations that may prevent companies from drug testing, who they can or cannot test and why. 

 

Drug and Alcohol Services

At CNS, we offer a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).

Our experts ensure that all DOT rules and regulations are followed, including the implementation of random drug tests for you and your drivers, updating your company drug testing policies, record retention and document purge management.

We take all the necessary steps and precautions to keep you and your drivers compliant with the DOT drug and alcohol testing requirements.

For more information, contact us at 888.260.9448 or info@cnsprotects.com.


Lessons Learned One Year After Launch of Drug and Alcohol CDL Clearinghouse

fmcsa cdl clearinghouse annual queries

Last year, the Federal Motor Carrier Safety Administration (FMCSA) increased its random drug testing rate of CDL drivers  from 25% to 50%, effective January 1, 2020.

For the random drug testing rate to fall back to 25%, the annual random positive rate must be below 1% for three consecutive years from data voluntarily submitted by carriers.

According to the recent drug and alcohol CDL Clearinghouse report, 56,158 drug and alcohol violations were recorded last year in a database intended to track truck drivers’ compliance history and prevent them from job-hopping in the event of a failed drug test.

With over 5.1 million drivers under the authority of FMCSA, the annual positive rate with this data would be around 1.1% resulting in an unlikely random drug testing rate drop until 2024 or later.

CDL Clearinghouse 2020 Stats

The CDL Clearinghouse program took effect on January 6, 2020 where all trucking companies with operating authority—including owner-operators—are required to register in the clearinghouse and conduct a yearly query on each driver.

During 2020, there were 5% more drug and alcohol violations than what FMCSA estimated when the Clearinghouse was being launched and over 1.4 million pre-employment queries conducted. Besides pre-employment, employers are required to make annual checks on the database to ensure none of their employees have any drug violations.

According to the report, the top number of drug test failures were for marijuana (29,500) and cocaine use (7,940). There were also 1,120 tests described as reasonable suspicion of attempts to cheat on a drug test.

Additionally, over 45,000 drivers (0.86% of the workforce) are still unable to drive while 35,000 drivers have not even begun the return-to-work substance abuse counseling process.

Learn more about the DOT SAP and Return-to-Duty Process

According to Duane DeBruyne, an FMCSA spokesman, “The good news is that the system is working in capturing violations by drivers and allowing employers and enforcement personnel to verify a driver’s status prior to permitting him/her to drive. Any violation reported is a bad thing; blocking prohibited drivers from endangering themselves and the lives of the motoring public is a good thing.”

The Future of the CDL Clearinghouse

While carriers and state driver licensing agencies frequently use the Clearinghouse database, law enforcement officials are also using the database to check a driver’s drug and alcohol violations.

According to the Commercial Vehicle Safety Alliance, as of April 1, 2020, “drivers who are prohibited from driving, per the CDL Clearinghouse, will immediately be put out-of-service by CVSA roadside enforcement inspectors. These drivers will not be allowed to leave the scales driving a CMV, and employers will have to arrange for another driver to pick up the load.”

For drivers that work for multiple companies, one of their companies may catch the drug testing violation and prevent the driver from operating with them until the SAP process is completed.

However, the other companies the driver works for do not know of the recent violation and the driver can illegally drive until they are caught after a detailed audit or an annual query is performed.

According to CVSA’s new inspection guidance, “roadside personnel must verify a driver’s status based on the clearinghouse data when stopping drivers with a CDL or CLP for a driver/vehicle examination or roadside inspection.”

Also, carriers are required to perform a clearinghouse query on all drivers annually or face a fine of up to $2,500 per offense if non-compliance surfaces in a compliance review or safety audit.

Most carriers who have not run their annual driver queries have likely passed this annual deadline for the drivers they loaded into the system last year. 

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

DOT Virtual SAP Assessments and Delayed Collector Requalification through June 2021

DOT Virtual SAP Assessment

SAPs are allowed, if they voluntarily choose to do so, to conduct a remote “face-to-face” evaluation and assessment while this policy is in effect during the pandemic.

At the beginning of the COVID pandemic, the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance (ODAPC) provided guidance about the impact of the COVID-19 public health emergency on DOT drug and alcohol testing requirements for employers, employees, and service agents (collectors, MROs, SAPs). 

On April 4, 2020, ODAPC provided supplemental information specific to performing remote evaluations by Substance Abuse Professionals (SAP) and the re-qualification timelines for collectors, Medical Review Officers (MRO), Screening Test Technicians (STT) and Breath Alcohol Technicians (BAT), and SAPs.  

As of December 09, 2020, this statement is now effective through June 30, 2021.

Virtual SAP Assessments and Evaluations Allowed During Pandemic

Under federal regulations, the SAP must conduct a face-to-face, or in-person, assessment and evaluation of an employee who has violated DOT drug and alcohol regulations. 

ODAPC recognizes that conducting face-to-face assessments and evaluations during the pandemic may not be possible for certain individuals.

SAPs are allowed, if they voluntarily choose to do so, to conduct a remote “face-to-face” evaluation and assessment while this policy is in effect during the pandemic.

ODAPC recommends that, when a SAP conducts assessments and evaluations remotely, the format of the assessment be documented in the final report for reference.

ODAPC realizes that performing evaluations remotely may not provide as much information to the SAP as a face-to-face evaluation would, but believes remote evaluations are preferable to not performing the evaluations at all. 

SAPs who choose to conduct initial assessments and evaluations and follow up evaluations remotely should consider the following parameters:

  • The technology used should permit a real-time two-way audio and visual communication and interaction between you and the employee.
  • You should determine if the quality of the technology (e.g., speed of the internet connection, clarity of the display, application being used, etc.) is sufficient for you to gather all the visual (e.g., non-verbal physical cues) and audible information you would normally observe in an in-person face-to-face interaction.
  • You may only utilize the technology if your State-issued license authorizes you to do so and within the parameters of that authority.

Delayed Collector and Other Service Agents Requalification Is Allowed

Under federal regulations, collectors, MROs, STT/BATs, and SAPs are required to maintain their DOT required qualifications by completing refresher training courses to continue acting as service agents in the DOT drug and alcohol testing program. 

  • Collectors and STT/BATs must complete refresher training every five years
  • MROs must complete requalification training every five years, and
  • SAPs must complete 12 professional development hours every three years

DOT realizes that during the pandemic, these service agents may find it difficult to find the necessary resources (e.g., exam location or personnel to conduct mock collections, etc.) to meet their re-qualification requirements.

If a service agent is unable to meet their re-qualification due date while this statement of enforcement discretion is in effect, DOT will not consider it a non-compliance for purposes of starting a public interest exclusion proceeding against the service agent. 

DOT will consider these service agents qualified per Part 40 to continue providing the Part 40 required services while this policy is in effect.


DOT Training

All fleets need to conduct proper and thorough pre and post trip inspections, which consists of implementing quality:

  • driver training that is ongoing and consistent
  • driver education, and
  • driver awareness of current and changing traffic laws

All of this will help prevent being targeted by the DOT at roadside inspections and is a valuable resource to ensure a healthy fleet, and compliant safety practices.

Our DOT trainers offer a variety of in-person or online training courses tailored to the specific needs or weaknesses of your company.


Interested in Training?

How HHS Hair Testing Proposal Falls Short and When To Expect DOT Hair Testing

dot pre-employment hair testing

The Department of Health and Human Services (HHS) just wrapped up their 60-day comment period on their long-anticipated proposed hair testing guidelines.

Since 2015, when Congress mandated HHS to release hair testing guidelines, the Department of Transportation (DOT) and the trucking industry has increased random drug testing requirements due to the rise in rates of positive drug tests. The DOT also released a national drug testing results Clearinghouse Database to help reduce the number of safety-sensitive employees using controlled substances. Learn how to sign-up for the Clearinghouse

The industry is seeking additional drug testing methods, like hair and oral saliva testing, that can be used to prevent unsafe drivers on the roads as these methods are harder to cheat and provide a more complete drug testing history.

Learn more about Current DOT Drug Testing

Large fleets have long used hair testing for pre-employment testing, catching 5 to 10 times more drug users than industry standard urine testing. However, currently these positive results cannot be released to the drivers record per DOT regulations.

Once completed, the DOT will adopt HHS hair testing guidelines and eventually prevent these drivers from seeking a job with another fleet. As of right now,  the proposed guidelines fall short of what the trucking industry has been hoping for.

Let’s break this down.

Why use hair testing as an alternative testing method?

The biggest problem with urine testing is how many options there are to try and cheat a drug test. These methods include:

  • synthetic “fake” urine
  • watering down the urine, or
  • slipping in clean urine from someone else

While there are processes in place to catch individuals cheating the system, many people claim to have cheated and never been caught. Hair testing on the other hand is virtually impossible to cheat when done properly. There is no scientific proof that results can be manipulated by:

  • dying your hair
  • applying hair products
  • detox kits, or
  • any other misconceptions  about manipulating test results.

Additionally, the hair testing can detect drugs and alcohol in the system from a week to 90+ days, unlike urine testing, which only detects drugs and alcohol up to 7 days. Employers have long been using hair testing for pre-employment testing so they can better understand a potential new hire’s drug testing history.

“The scary part is, while a driver can be disqualified from driving from Werner Enterprises, they’re able to go to another carrier [that may not use hair testing] because hair testing isn’t recognized under federal regulations,” said Jamie Maus, vice president of safety and compliance at Werner Enterprises.

“Of the 5,000 positive hair tests in the last couple of years, only a handful of those also tested positive in urine, so only a handful of those would have been reported to the current Drug and Alcohol Clearinghouse or to other companies.”

“What was more surprising was the types of drugs we were picking up. The number one drug we see is cocaine, then amphetamines, and then opioids – marijuana is not even in the top tier.”

While critics of hair-testing claim it can result in false positives because certain drugs can be absorbed into the hair from secondhand smoke, or that it may offer racial bias in test results, hair-testing advocates say those concerns are unfounded and scientifically unproven.


Need more information?

Our DOT Compliance Specialists will give you a free estimate and can also answer any questions you have regarding DOT Compliance, Trucking Insurance or any other questions related to the Transportation Industry.

Why the HHS hair testing proposal falls short

The biggest problem with the proposed hair testing guidelines is that, if hair testing results come back positive, a second urine test is required to confirm the positive test result.

This means a urine specimen must be collected at the time of the hair test or an employee must give a urine specimen by an MRO when reviewing a positive hair test result.

Not only will this create scenarios where a driver could receive a positive hair test result and a negative urinalysis test result, it also creates other issues such as:

  • extra testing costs for confirmation testing
  • longer driver downtime while waiting for test results, and
  • complicated logistics of collectors or labs keeping an authorized second urine specimen for an undisclosed period of time while waiting for the MRO to determine if the specimen is needed for confirmation testing.

According to industry experts, hundreds of thousands of secondary urine specimens per day may need to be shipped to two completely different testing laboratories as some labs do not test both hair and urine and millions of these specimens will be collected, shipped, identified, and eventually discarded for no reason, significantly increasing testing costs to companies.

When can we expect DOT hair testing?

The HHS proposed hair testing guidelines were published in the Federal Register on September 10, 2020. After the 60-day comment period, which ended November 10, 2020, HHS will review all comments and can make additional changes to their proposal. This process could take months. 

When HHS releases their final proposed guidelines, the industry will need to wait for the Department of Transportation to go through its rulemaking process to allow the use of hair testing by motor carriers. While the DOT will likely adopt HHS guidelines, this process could take two years on its own.

However, Congress may try to push for immediate DOT adoption and the incoming Biden administration may apply pressure to speed up this process as well.


Drug and Alcohol Services

At CNS, we offer a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).

Our experts ensure that all DOT rules and regulations are followed, including the implementation of random drug tests for you and your drivers, updating your company drug testing policies, record retention and document purge management.

We take all the necessary steps and precautions to keep you and your drivers compliant with the DOT drug and alcohol testing requirements.

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

Major CDL Clearinghouse Deadline Approaching or Face Fines

fmcsa cdl clearinghouse annual queries

According to Landline Magazine on Dec 30, several owner-operators are experiencing difficulties registering for FMCSA’s Drug & Alcohol Clearinghouse and that they haven’t found any help through the agency’s 800 number as Clearinghouse hits traffic jam.

Do you remember the beginning of 2020 when the crash of the FMCSA’s CDL Clearinghouse website caused registration confusion?

The launch was supposed to be a smooth process as companies had three months prior to register. But few did.

As a result of so many people attempting to register through the website at the last minute, the website was overloaded and crashed, causing registration errors and quick fixes just to get people in the system.

The FMCSA Clearinghouse is an online database where new drug and alcohol testing violations and return-to-duty information of CDL drivers is stored and searched.

This database has worked well in preventing drug users from job hopping, as well as open the book on what is happening real-time with the trucking industry drug testing statistics.

In the first 8 months the Clearinghouse was in effect, over 35,000 drivers were found with a positive drug test forcing them  to begin the return-to-duty and SAP process before getting back on the road.


DOT’s Clearinghouse faces a key test as fleets will likely flood the system in the coming weeks — CCJ Article

“We’ll see what happens with it,” said Lucas Kibby, marketing specialist at Compliance Navigation Specialists. “There’s going to be a large influx of people going to the site around the end of December and into the first few weeks of January, when people start realizing the rules.”

CCJ Article – Nov 4, 2020

According to the latest Clearinghouse report, marijuana accounted for nearly half of the positive drug test results, followed by cocaine, methamphetamine, and amphetamine.

However, we are now less than three months away from another major Clearinghouse deadline where companies could face fines, if in violation.

Clearinghouse website may crash again as required annual query deadline approaches

With the FMCSA Clearinghouse now in effect for pre-employment, random testing and return-to-duty processes, employers of CDL drivers must follow a new pre-employment process when hiring a potential new driver.

Violations can occur if required information is not loaded into the database, or if new-hired drivers start driving before a new hire gives consent for a detailed query.

The employer needs to make sure the driver is registered to the FMCSA Clearinghouse, then request electronic driver consent to run a detailed query, run a query on the driver (employer or C/TPA), and ensure no recent negative drug testing history is present.

The other major required process for employers, including owner-operators, is to annually query all current CDL drivers at least once a year to make sure no violations appeared in the database. If the limited query returns any results, a detailed query is required.

This means the majority of CDL drivers need to have had a limited query run on them by January 6, 2021 or face potential violations and fines if found to be done late or not at all during an audit.

Early Clearinghouse registration issues led officials to advise employers to wait to register until December 2020 or January 2021. Consequently, a large spike in DOT Clearinghouse web traffic is expected as companies rush to register and submit annual queries to the DOT Clearinghouse before the deadline.

What fleets need to do before 2021 deadline

Every employer with CDL drivers needs to verify that they are registered to the FMCSA Clearinghouse. After registering, employers will purchase query tokens that will be used to when they want to run limited or detailed queries on their drivers or potential new drivers.

Check out our industry library resources of 15 videos, 2 ebooks, industry links, and CNS In The News content.

Owner-operators should purchase around 5 query token to run their annual queries each year, lasting them five years before they need to purchase more tokens.

Larger fleets should purchase query plans around two-and-a-half times their driver size to last two years of annual queries and a handful of new hire drivers.

Finally, annual queries can be ran on all CDL drivers within the company.


Drug and Alcohol Services

Do you need help registering to the FMCSA Clearinghouse or looking to switch to a trusted drug testing consortium?

At CNS, we offer a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

COVID-19 Pandemic Increases Positive Drug Tests and On-Site Testing


Since the emergence of COVID-19, the importance of drug and alcohol testing and driver physicals have not changed, especially considering positive drug testing rates have increased in April and May since 2019.

According to Clinical Reference Laboratories (CRL), positive drug test rates are up by more than 16% in April and 24.1% in May year-over-year. The culprit during the pandemic is marijuana, which increased 21% in April and 37.8% in May compared to the previous year. 

Similarly, DISA’s random positive drug testing rates have more than doubled, up from 0.18% in April 2019 to 0.37% in May 2020.

Employers, more now than ever, are taking employee health more seriously and attempting to make the required drug tests and driver physicals more convenient as they do not want to put workers at risk if health clinics are being used to test people who have COVID-19 symptoms.

With the hyper-focus of clean and safe facilities, minimizing hospital sites, and navigating collection sites or medical offices closing, many fleets are turning to on-site mobile drug testing.

This allows fleets to manage when drivers can be drug tested or receive required physical exams, trust their COVID health protocols, and not worry about busy testing and physical exam sites.

Trusted mobile collection sites are maintaining effective drug-testing procedures during the pandemic while increasing their on-site safety guidelines, which includes:

  • Stopping any testing if an illness is evident and advising the customer
  • Staff wearing appropriate Personal Protective Equipment during test sessions
  • Cleaning instruments and testing area after every test
  • Maintaining a minimum safe distance wherever practical, and
  • Treating the Donor with courtesy and respect at all times

On-site testing not only  employee safety during the pandemic, recent studies have shown that on-site and mobile collection testing has a higher rate of positives than clinic based testing.

This is most likely due to the element of surprise, where drivers may normally be able to purchase products in hopes of cheating their drug test or less opportunities for subversion of the testing process.

Check out our industry library resources of 15 videos, 2 ebooks, industry links, and CNS In The News content.

Can drivers refuse a drug test claiming COVID-19 pandemic concerns?

If your employees express concern about reporting for a drug test, on-site testing can assure them that employer guidelines are in place to protect them during drug testing and physical procedures.

It is important to note, if an employee refuses a drug test for any reason (including COVID-19 concerns), it is reported as a refusal to test.

This means collectors document the refusal and follow the company’s guidelines as outlined in its refusal to test policy.

If the company is regulated by the DOT, refusals are reported to the MRO (Medical Review Officer), reviewed, and a decision is made on whether or not it is a refusal to test based on the circumstances.

No matter the outcome, the driver will not be allowed to perform safety-sensitive functions, such as driving, during this process.


Mobile Drug and Alcohol Services

Want to save time and money?

If your company is committed to creating and maintaining a drug-free workplace with little to no interruptions in your operations, on-site collection may be the right option for you.

Our medical professionals are available to go on-site and perform drug and alcohol tests.

On-site drug and alcohol testing can be scheduled at your place of business or any other location of your choosing.

We are extremely flexible and can accommodate the busiest of schedules and various types of operations.

Our Certified DOT Examiners, Certified Collectors and Breath Alcohol Technicians (BAT) are readily available to serve you.

How does Mobile Drug Testing work?

  1. Schedule an on-site testing appointment for your company.
  2. We send appointment confirmation and a letter to all of your employees letting them know what to bring to the exam (upon request).
  3. Our professional staff will arrive 10 minutes early to set up.
  4. Our certified staff will provide collection services in an efficient manner.
  5. CNS will send samples to the certified lab. (24-48 turnaround time for DOT 5 Panel)
  6. Results upload by the Medical Review Officer (MRO) to your portal.

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

DOT SAP and Return-to-Duty Process

DOT SAP and Return-to-Duty Process | DOT Compliance | CNS

What is the return-to-duty and follow-up DOT SAP process?

After a driver receives a failed drug test result, they must begin the return-to-duty process in order to get back on the road, and then continue a follow-up testing process for the next 12+ months.

It is more evident today for employers and drivers to understand this SAP process. In the first two months, the new DOT Clearinghouse has calculated over 11,000 drivers found with a positive drug test result. These employees are now walking through the SAP and return-to-duty process before they can begin safety-sensitive functions.

This process begins with an evaluation of a substance abuse professional, as required in the federal regulations in 49 CFR Part 40 Subpart O.

Learn more about:
FMCSA Clearinghouse: What is it, common issues and FAQs

What is a DOT SAP?

The Substance Abuse Professional, or “SAP”, according to the DOT, is “a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.”

The SAP makes the important decisions on whether or not an employee is ready to drive a truck, school bus, oil tanker, train, airplane, subway car, or other regulated vehicles and how long the follow-up testing end education program should take.

How much does a DOT SAP program cost?

There are several different ways to evaluate the cost of the SAP process. There is the initial SAP examination fee, the education program, the DOT return-to-duty drug test, and the 6+ follow-up testing program.

Unfortunately, the length of the follow-up testing program can be 12 months to 5 years, depending on the SAPs recommendation. So it is hard to estimate a total cost.

On average, the SAP evaluation process can cost between $400 to $500. Drug tests average between $30 to $60 dollars each. The minimum SAP and follow-up testing program can cost an employer or the driver, depending on the company policy of who pays for the program, to be at least $700 for the first year.

How long is the DOT SAP program?

Each SAP program is customized for the person going through it, which can cause a wide range of time when estimating the length of a SAP program. However, this process can be split into two major sections: the time to return-to-duty, and the time to finish the follow-up testing program.

First, there is the SAP evaluation and return-to-duty process so a driver can get back to safety-sensitive functions. This process includes finding a qualified DOT SAP, the SAP evaluation, the SAP talking to a physician if the driver is convinced that a prescription could have caused a false-positive drug test, the length of time to finish an education treatment program,  the second SAP evaluation after completing the program, and passing a return-to-duty drug test. This whole process can take weeks to months to finish.

Check out our industry library resources of 15 videos, 2 ebooks, industry links, and CNS In The News content.

Second, there is the follow-up testing program. According to the regulations, the SAP is required to recommend a minimum of 6 unannounced observed drug tests in the first 12 months after returning to duty. However, the SAP can recommend a program of follow-up drug tests for as long as 5 years. A repeated failed or refused test could require the process to be started all over.

What is the DOT return-to-duty process?

Before an employee can return to duty for safety-sensitive functions, they must complete the return-to-duty process. Once a positive test result is found, the following steps are required:

  • Immediately remove the employee from safety-sensitive
  • Find a qualified DOT SAP and complete an initial SAP evaluation
  • Finish a SAP recommended education or treatment program
  • When finished, complete a second SAP evaluation
  • If the SAP report is good, complete a return-to-duty observed drug test

Once the DER receives the negative result, the employee can begin safety-sensitive functions again.

However, after the second SAP evaluation, a follow-up testing schedule is given to the DER. The follow-up testing schedule is a minimum of 6 unannounced observed drug tests within the first 12 months of returning to safety-sensitive work and can last up to 60 months, or five years, depending on the SAP recommendation. 


For more information, contact us at 888.260.9448 or info@cnsprotects.com.

What is the FMCSA Clearinghouse? Common issues and FAQs

What is the FMCSA Clearinghouse? | DOT Compliance Services | CNS

What is the FMCSA Clearinghouse?

On January 6, 2020, the FMCSA launched the FMCSA Clearinghouse, an online database where CDL driver drug and alcohol testing violations and return-to-duty information will be stored and searched.

The purpose of the FMCSA Clearinghouse is to prevent job hopping of CDL drivers with positive drug and alcohol test results, refusal to test or information on a driver’s return-to-duty process.

Read: Major CDL Clearinghouse Deadline Approaching or Face Fines

DOT Clearinghouse: Employers and CDL Drivers

There are many new procedures that drivers, employers, consortium/TPAs and others must follow with the FMCSA Clearinghouse now in effect for pre-employment, random testing and return-to-duty processes.

Employers of CDL drivers must follow a new drug testing process when hiring a potential new driver before a pre-employment drug test can be done at a collection site.

What is required of employers?

  1. Before the new hire driver can be tested, the employer needs to:
    • make sure the driver is registered to the FMCSA Clearinghouse,
    • then request electronic driver consent to run a detailed query,
    • run a query on the driver (employer or C/TPA), and
    • ensure no recent negative drug testing history is present

After the detailed query is done, the pre-employment drug test can continue as part of the pre-employment new-hire process.

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  1. Employers must query the Clearinghouse and request 3 years of drug and alcohol testing history until January 6, 2023.
    • After that, the clearinghouse query will replace the need for employer requests.
  1. Employers must run annual limited queries for current drivers at least once a year.
    • If the limited query returns any results, a detailed query is required.

What is required of CDL drivers?

There are 3 reasons why CDL drivers need to register to the DOT clearinghouse:

  1. drivers are changing employers
    • registering allows employers to run queries to gather useful information during the hiring process
  2. drivers are registering with an SAP after a violation, and
  3. currently employed drivers are giving consent for an annual query

Let us know how we can help:
Ask us about our Drug and Alcohol Services

FMCSA Drug & Alcohol Clearinghouse FAQ

Is the FMCSA Clearinghouse mandatory?

Yes, it is mandatory if your business is governed by the FMCSA.

Information in the FMCSA Clearinghouse database will include:

  1. positive drug and alcohol test results
  2. refusal to test, and/or
  3. information on CDL driver’s return-to-duty process
    • if the CMV has a gross weight greater than 26,000 pounds, has more than 15 seatbelts or is hauling anything requiring DOT HAZMAT placards.

Who must register for the FMCSA clearinghouse?

Registration is mandatory for authorized users so they are able to access the Clearinghouse database and the information mentioned above.

Authorized users include:

  • Drivers holding a commercial driver’s license (CDL) or commercial learner’s permit (CLP)
  • Employers of CDL drivers. This includes those who employ themselves as CDL drivers (i.e. – owner-operators)
  • Consortia/Third-Party Administrators (C/TPAs)
  • Medical Review Officers (MROs)
  • Substance Abuse Professionals (SAPs)

Violations can occur if:

  • annual driver queries are not performed in a timely manner
  • required information is not loaded into the database, or
  • if pre-employment drug tests are performed before a new hire gives consent for a detailed query

Note: CMV drivers are not required to immediately register for the clearinghouse; however, they will need to register to respond to pre-employment queries or other full queries.


How do CDL drivers register for the FMCSA Clearinghouse?

To register, or for assistance registering, drivers can go to the
DOT Clearinghouse website for instructions.

How do employers register for the FMCSA Clearinghouse?

To register, or for assistance registering, employers can go to the
DOT Clearinghouse website for instructions.


FMCSA Clearinghouse registration issues

The FMCSA Clearinghouse registration process faced many issues when first launched, most of which are now fixed.

Some of the common issues that employers or owner-operators may face when registering include:

  1. Companies have set up their FMCSA Portal account and do not remember their user-ID, security questions, or email address on the account.
    • Solution: Call the FMCSA to prove who they are before gaining access.
    • This is currently not required to register, as there is a work around in our video above.
  2. Companies have not set-up an FMCSA Portal account and forgot their DOT Pin number.
    • Solution: Fill out a form to request their pin.
    • If you are a carrier before 2010, and there is an old email or no email or phone number, the government will have to mail your DOT Pin number, taking 7-10 business days.
    • This is currently not required to register, as there is a work around in our video above.
  3. Owner-operators seeing errors preventing query purchases is most likely because they are seen as the “employer” and the “driver” and are stuck in the “driver” role.
    • Issue: If you hover over “My Dashboard” and see “Queries” and click “Buy”, an error can pop up.
    • Solution: To get around this, look for the dark blue text that says “Drug and Alcohol Clearinghouse”, click there. This sort of refreshes your dashboard and you should now see an option to “Change Your Role”. You need to change your role from “Driver” to “Employer”. Now, you can hover over “My Dashboard”, and click “Buy” where it says queries.

FMCSA Clearinghouse Problems, Hiring Delays and Violations

With any major regulatory rollout, there are always unforeseen issues or new problems that appear.

Some of these problems include:

  1. January 2021, Clearinghouse website may crash again.
    • Early Clearinghouse registration issues led officials to advise employers to wait to register until December 2020 or January 2021. Consequently, a large spike in DOT Clearinghouse web traffic is expected as companies rush to register and submit annual queries to the DOT Clearinghouse before the deadline.
  2. FMCSA Clearinghouse will catch drivers at roadside.
    • According to the Commercial Vehicle Safety Alliance, starting April 1, 2020, drivers who are prohibited from driving—per the CDL Clearinghouse—will immediately be put out-of-service by CVSA roadside enforcement inspectors and employers will need to arrange for another driver to pick up the load.
  3. Hiring driver process issues:
    • Employer sends a consent request, but the driver has not registered to the Clearinghouse to authorize consent.
      • FMCSA will mail a letter to the driver regarding the consent request (2-3 week process)
    • Employer falsely tells a drug testing site that driver consent was given. If audited, the employer can be held at fault if the violation of no consent was caught, causing delays in the pre-employment testing process, headaches for companies and drug testing sites not up-to-date on Clearinghouse rules.
  4. What happens if you fail or refuse a DOT drug screen?
    • In the first 2 months the DOT Clearinghouse was in effect, over 11,000 drivers were found with a positive drug test and must begin the return-to-duty and SAP process before getting back on the road.

Learn more about:
DOT SAP and Return-To-Duty Process


Drug and Alcohol Services

Do you need help registering to the FMCSA Clearinghouse or looking to switch to a trusted drug testing consortium?

At CNS, we offer a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

Speed up DOT drug test results from collection site to labs

DOT drug test results

Need faster DOT drug test results?

With trucking’s high driver turnover and competitive job market, fleets risk losing top candidates if their hiring process is not efficient.

When an employer sends a potential hire to a collection site for a DOT drug test, the company hopes to receive the results quickly in order to get the new-hire through the hiring process as quickly as possible.

In an attempt to speed up the new-hire process, it is important for fleets to understand how drug test results can be delayed before finding solutions to get results faster.

The DOT drug testing process can be split into three areas: collection sites, labs, and—if a positive test result—the MRO, all of which can cause preventable delays in the entire process.

What are some causes of delays in drug test results?

Delays at collection sites

Delays caused at collection sites are usually caused by a simple collector mistake. For example, each sample should have the donor’s and the collector’s signature on the vial, and the collector may have forgotten. Also, the required forms may not have been filed at the collection site to have the errors fixed before lab testing of the samples can begin.

Beyond these simple collector errors, many smaller or remote collection sites do not send the urine samples to the labs on a daily basis. They may only have a courier come every two or three days before being shipped to labs for testing.

Also, many collection sites may not have a male or female collector available for an observed collection, forcing the donor to wait for that staff member to come in or being advised to find another collection site with proper staffing.

These delays could easily be avoided by working with a best-in-class collection site who use trained collectors, or using a drug and alcohol consortium who verifies quality collection sites in their network and, if a mistake is made, they continually follow-up on the status of the results. 

Delays at the lab

Once the donor provides a sample, it is quickly sent to a drug testing lab for testing. Labs receive thousands of these specimens daily and each one must have their chain of custody form reviewed for accuracy.

Many of the flaws are correctable and an affidavit or memorandum is sent to the collector to be corrected and sent back. Once a completed chain of custody form or required signatures are received for the specimen sample, the specimen then goes through an initial base screen test.

If the drug test results is negative, no further testing is needed and the employer is quickly notified of the negative result. Negative results are often received within 24-48 hours.

If a non-negative result is found in the initial base screen test, the sample goes through a Gas Chromatography – Mass Spectrometry (GCMS) test process that includes breaking down the urine sample.

A delay in results from the lab can happen if the GCMS test does not affirm a negative or positive result. If this is the case, the specimen goes through another GCMS test process until an affirmative negative, positive, negative-dilute or positive-dilute result is given.

According to most labs, each round of GCMS testing is a batch of other specimens and each batch only gets ran once per 24 hours. If this happens, the delay of this donor’s drug test is unavoidable.

If a positive test is affirmed, the results are sent to a Medical Review Process (MRO). The MRO review process can take over a week to complete as the MRO attempts to reach the donor, has an initial interview with the donor, and, if the donor claims a prescription could have caused a false-positive, the MRO follows a procedure to verify the prescription.

Speed up the hiring process with fast DOT drug test results

Compliance Navigation Specialists ensure that the hiring process runs as efficiently as possible in order to speed up the pre-employment process. Not only do we help with your consortium, collection site and MRO services, we take it one step further.

Our Proactive Safety Management (PSM) program is the most comprehensive service we offer, covering all of your needs to manage your business, including driver qualification files, consortium management, ELD management, vehicle maintenance and more.

Many companies are finding it increasingly hard to maintain proper systems to make sure they are staying compliant throughout the year. We are your best solution, to support or act as, your safety department for a fraction of what it costs to hire a DOT Safety Director.

We pride ourselves in being flexible for our clients and working with all types of carriers from busy owner operators to larger fleets. CNS will be a valuable asset by keeping your company safe, compliant, aware of regulatory changes, proactive in all phases of potential risks, as well as profitable.

Learn more of what is included in our complete PSM program

For more information, contact us at 888.260.9448 or info@cnsprotects.com.