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.
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
- They submit an altered, diluted
or substituted specimen.
What constitutes a refusal to provide a
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
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
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 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
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