Driver's Medical Exams
njjel
1,235 Posts
Does anyone know if a drug test is standard practice for the semi annual CDL Medical Certificate? I know one can be done if the company requires it, but if one goes on their own to a doctor is it standard practice to check for drugs?
Comments
NJJEL: On Feb 15,1994 final rules addressing alcohol and drugs were issued. Revisions to the current testing regulations iclud the following:
1. All persons who operate a CMV and hold a CDL are subject to the regulations.
2. For a new driver, an employer must obtain testing information for the two preceding years from the previous employers.
3. A post accident testing.
4. Requirements were established for return to duty and follow-up testing;
5. Periodic testing is not required.
6. A split sample urine collection procedure must be used.
7. A driver testing positive must be evaluated by a substance abuse professional and follow any prescribed treatment program;
8. Employer policies and procedures explaining how the regulations are implemented must be provided to each driver; and,
9. Sixty minutes of drug testing training will no longer be required for drivers.
49 CFR Part 391, Subpart E. The physical examination regulations include a requirement that a driver possess the original or a copy of a medical examiner's certificate that is required by the regulations to be carried at all times while operating a CMV.
...Does not use a controlled sustance identified in 21 CFR 1308.11 scedule I, an amphetetamine, a narcotic, or any other habit forming drug.
....Has no current clinical diagnosis of alcoholism.
NOW, to answer your question a CDL licensed driver knows very well that he must have both the drug and alcohol test accomplished. The medical examinator who is signing his/her name to a DOT physical knows full well that both drug panels and alcohol breath alysizer test are required as a part of the exam. Finally, the medical card issued by the physician with his/her signature is good for two years. Our company watches this requirement and makes the appointment and pays for the examination. That way it is controlled by the employer, who is supported by the insurance carrier. We do what is required and thus the insurance carrier is willing to underwrite our fleet and certified CDL drivers.
Long but accurate: "Dandy Pork" it is so good and I'm glad to help a fellow HR, even from NJ.
PORK
A medical exam is required at the following times:
. prior to the first time a driver operates a CMV.
. Once every 24 months after the initial test; and
. When a driver suffers from a physical or mental disease which impairs his/her ability to operate a CMV.
There is NO relief of the requirement for alcohol and drug testing by the physical examiner that I find in my manuals on this subject. My state goes by the Federal Law and standards, yours might be different, but I would find that very unusual not to at least satisfy the Federal Rules established for the "cerified medical examiner's required procedures" in any state.
PORK
A person is physically qualified to drive a CMV if that person DOES NOT USE A CONTROLLED SUBSTANCE IDENTIFIED IN 21 CFR1308.II.
a person is physically qualified to drive a CMV if that person HAS NO CURRENT CLINICAL DIAGNOSIS OF ALCOHOLISM.
Now, how could a certified medical examiner failed to do a drug test and discuss or test for alcohol use and issue a cerificate of physically qualified. SMOLL may be reading from his license issued by the state of NJ, but I am typing from the Library of record for which we pay dearly inorder to stay in compliance.
NJJEL: When in doubt contact your state DOT or your retained attorney or your insurance carrier and go with their input.
"DANDY PORK" at it again.
Yes, CDL drivers are also required to be tested: post-accident, upon reasonable suspiscion, and are required to be randomly tested no less than quarterly.
"Dandy Pork" is certainly a name and recognition of honor and not one of distain for those that do not deserve to be honored. Therefore, NJJEL the sarcasm and doubt cast upon my efforts to help, as just that, and not meant to confuse you in any way. I am sorry I must be questioned by "out siders" not really offering resolution to your concerns but adding confusing. I do believe that neither has challanged the factual information posted from the Fed Rules. Again read through the smoke and take from all, that which you need and leave the rest on the screen. You have my personal address and if you care, we can discuss direct. However, that would cause some to not be able to accomplish anything at their world of work, because they spend lots of hours posting on the forum, to see their name in print and COODOOs from those who also enjoy and evidently get great joy from the consternation generated with competition of professionals.
Got to go take care of my people taking care of our "piglets"! Don't have to many bridges to cross this morning, and I guess our DOT traffic cops are making great scenes for theater for all to enjoy so I don't have to worry about them as I haul my pigs to market in our covered wagons!!!
" Dandy PORK"
A wee bit testy, Pork? I'm looking for sarcasm in my posts and it simply isn't there. I replied to the post with my understanding of the topic. I got the impression that one of us was off on a tangent and asked you what I was missing. I don't see an attack on you but I took your jabs in that long defensive dissertation of yours. I've never had a reason to challenge your knowledge and certainly did not do so here. You can drop your armor now.
NJJEL: When in doubt contact your state DOT or your retained attorney or your insurance carrier and go with their input.
Neither a state DOT nor an insurance carrier has anything to do with the language in federal regulations. That was an honest assessment of your advice intended to keep NJJEL from wasting his/her time. I don't see that anyone 'attacked you' and can't decide who the 'outsiders' might be.
"...not be able to accomplish anything at their world of work, because they spend lots of hours posting on the forum, to see their name in print and COODOOs from those who also enjoy and evidently get great joy from the consternation generated with competition of professionals."
I hope you have a couple of vacation days left Pork. You seem really stressed. Since you have never posted a question yourself, you might want to ask for our help. x:-)
I was trying to make this post in response to Pork's # 15 post.
Given NJJEL is asking about corporate satisfaction of Federal Law (reqardless of Don's continuous stress of State DOT, which he knows I know has no bearing in our state), the detailed words posted by me in an effort to help NJJEL is direct from the written words in my up-to-date library on Federal DOT requirements and from the last medical exam provided by our certified medical examiner and the published form leaves no room for the simple question "have you used drugs and are you currently an alcoholic?" The drug test and alcohol test are attached. To further check my information for NJJEL, I called and discussed with our certified medical examiner the question. Our physician who is in private practice, assured me that for scheduled DOT physical exams for any of the many transport companies in the area, the $135.00 price for the physical exam always includes both the drug testing and alcohol, as well as, his personal discussions with the driver about both before he ever would consider certifying the physical fitness of a CDL driver. For a known corporate DOT physical exam of a currently operating driver of a CMV, where he could potentially be challanged in a court of law, he would not ever certify with out the required drug test and panels required!
"Dandy Pork" got the pigs delivered and accomplished much good work for my company and my personal re-education of our drug testing and medical examination for our professional CDL drivers.
"Dandy Pork" testy I'm not, but will not be slammed dunked on any professional issue or question of my facts. SMOLL I hope you understand; Don you admitted early on that you had been out of this arena over the last 5 years. Well why you have been out of this arena for 5 years, I have been in this arena for the last 10 years. I have under gone 5 DOT audits one by our State MDOT police that you have the perception of being a joke. They are not a joke and they are very professional in their safety actions on the behalf of our population. Two of the audits were from serious vehicle accidents w/death of personnel within our NC fleet, which meant I had to package up all of our driver records and overnight them to NC. We can not afford to be "slippery and shotty" with our record keeping. NJJEL, I hope you read me loud and clear through all the smoke this is a very serious area of our world of work. If you are responsible for this area of business be very leery of taking verbal guidance from any one check it out and document, why your company does anything in this area. Who knows the next finder bender might mean a "death" and auditors all over the place. Yesterday morning an 18 wheeler ran across the median and curtailed the life of 8 people not 5 miles south of our corporate headquarters. Thank the Lord, my drivers and vehicles were not involved; expect the unexpected.
"Dandy Pork" more than you need but plenty to satisfy your hunger!
>validate their personal experience, as not
>having taken a drug test nor alcohol test for
>their individual experience in renewal, again, I
>assume your experiences are both personal and
>not corporate.
Wrong assumption, Pork.
>"Dandy Pork" testy I'm not, but will not be
>slammed dunked on any professional issue or
>question of my facts. SMOLL I hope you
>understand;
No, I sure don't. For the last time, I still don't see where we disagreed on the recert but evidently you took offense. Now you think you've been 'slam dunked.' But please don't try to explain it again, I don't think I could live through it. I'm so confused. wait. maybe I'm not.
>pressure clocked in at 132 over 70. Not too bad
>for a guy who remembers black and white
>television with only three channels.
And weren't you excited when you had to get a "circle antenna" when that 4th UHF channel became available???? I was.
May you have a bright and Blessed day in your world! Thanks for the education folks!
PORK
I believe the difference in your and my postings is your physician feels comfortable in asking one if one "uses" controlled substances or drinks alcohol to excess. What person would admit to either, if one thought one could get away with it? With our situation and the average physician providing a DOT physical exam to an unknown CDL driver would not feel comfortable in providing a certification of physical fitness for a currently operating professional driver that has walked in off the street for a renewal of a CDL license. I, too, read the medical instructions as allowing for verbal acceptance by the physician, who is very familiar with the patient medical history to accept a verbal response verses a fluid examination. But would I accept that physical exam certification for any of our corporate drivers? By no means would that be acceptable.
NJJEL: The smoke is clear take it or leave it based on your situation. You have got all the information to sort through several issues that might arise before you. Now, what is the final truth to the relationship of the question and the particular professional driver that caused you to seek information from our estute group?
"Dandy PORK"