Why are employers required to report the names of commercial driver employees or applicants who refuse, fail or alter a drug or alcohol test?
The South Carolina CDL Drug Testing Act was passed by the South Carolina General Assembly. Since that time, the Department of Motor Vehicles, the Department of Public Safety and the Department of Alcohol and Other Abuse Service have been working together to establish reporting processes and agency procedures. These processes and procedures are effective January 1, 2009.
How do employers submit the names of employees or applicants who are in violation?
Employers should submit a form CDL-18, which is available at the SCDMV website at www.scdmvonline.com. The form must be completed and mailed to the South Carolina Department of Motor Vehicles. This form will be available to the public on January 1, 2009.
How long should employers keep the CDL-18 form?
Employers must keep the Form CDL-18 on file for three years. However, federal regulations require employers to retain copies of positive result tests and documentation of refusals to take alcohol and controlled substance tests for a period of five years.
What are the reasons that an employee should be reported for violating the CDL Drug Testing Act?
Commercial driver employees or applicants should be reported to SCDMV if:
- They refuse to provide a specimen for a drug or alcohol test.
- They test positive for drugs or alcohol.
- They submit an altered, diluted or substituted specimen.
What constitutes a refusal to provide a specimen?
Refusal to take a DOT drug or alcohol test is defined in Federal Motor Carrier Safety Regulations Part 40 (49 C.F.R. 40).
What are the consequences for an employer that does not report a violation of the CDL Drug Testing Act?
An employer who knowingly fails to report an employee or applicant who is in violation of the CDL Drug Testing Act is subject to a fine up to $500.00. The employer may also be subject to a compliance review by the South Carolina State Transport Police or the Federal Motor Carrier Safety Administration and may be subject to additional fines or penalties.
What are the consequences for an employer who hires a commercial driver in a safety sensitive position when the employer knows the employee is disqualified from operating a commercial vehicle?
The employer may be subject to a fine of up to $2,000.00. The employer may also be subject to a compliance review by the South Carolina State Transport Police or the Federal Motor Carrier Safety Administration and may be subject to additional fines or penalties.
What are the consequences for commercial driver employees who are reported for violating the CDL Drug Testing Act?
Commercial drivers who are reported for a CDL Drug Testing Act violation will be disqualified from operating a commercial vehicle within 20 days. The disqualification will be in place until the reinstatement process is complete. If a commercial driver is disqualified due to a drug or alcohol test violation more than three times within a five year period, he or she will be permanently disqualified from operating a commercial vehicle.
How can disqualified commercial drivers get their commercial driving privileges?
They must complete an alcohol and drug abuse program approved by the South Carolina Department of Alcohol and Other Drug Abuse Services and pay a $100.00 reinstatement fee to the South Carolina Department of Motor Vehicles.
How can I be sure that the substance abuse professional (SAP) I choose is approved?
Contact Shehenia Mitchell at the South Carolina Department of Alcohol and Other Drug Abuse Services at (803) 896-5555 or visit their website at www.daodas.state.sc.us for a registry of approved SAP providers.
Can commercial drivers who are disqualified from operating commercial vehicles continue to operate non-commercial vehicles?
Commercial drivers who have been disqualified from operating a commercial vehicle due to drug or alcohol test violations may revert to a non-commercial driver license status, which permits drivers to operate non-commercial vehicles.
Will disqualified commercial drivers who revert their commercial class licenses to a non-commercial status be required to retake the commercial driver license tests once the disqualification has ended?
Commercial drivers who revert to a non-commercial status due to a drug or alcohol test violation will not be required to retake the commercial driver license tests once the disqualification has ended unless their driver license has been expired for more than nine months or they have been disqualified for more than one year. However, because the commercial license is being reissued, all commercial drivers with HAZMAT endorsements will be subject to a Transportation Security Administration Threat Assessment.
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