Owner Operator Industry

Information for Owner-Operator Drug Testing

DOT (FMCSA) Drug Testing Regulations for Owner/Operators

Unless they meet specific DOT exemptions, a professional driver with a commercial drivers' license must take a CDL drug test at certain points throughout their career. An individual who employs himself or herself as a CDL driver must follow the requirements of 49 CFR Part 382 as they apply to both drivers and employers. This includes rules regarding a CDL background check and FMCSA drug test.

Since they do not supervise employees, commercial owner-operators are exempt from certain rules. This includes not having to draft a drug and alcohol policy or go through supervisor training. However, owner-operators must complete random drug testing, just like all other CDL drivers. Clearly, it's not possible to randomly select yourself for an FMCSA drug test, so owner-operators are required to join a drug testing consortium.

These third-party organizations act as an intermediary, creating a pool of owner-operators and randomly selecting individuals for a CDL drug test based on the current required frequency and DOT random drug testing rules. The consortium (also known as a third-party administrator or TPA) is responsible for managing all or part of an owner-operator's drug screen compliance requirements. This includes assisting owner-operators with their return-to-work procedure after a drug or alcohol testing violation.

Owner-Operator Drug Testing Frequency

CDL truck driving requirements outline exactly when owner-operators must submit to drug tests. This includes:

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  Pre-employment – before performing safety-sensitive duties for the first time
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  Post-accident – required under certain circumstances. Always required when an accident results in loss of human life. Also required when a moving traffic violation is issued and there is an injury that requires treatment away from the scene or damage to vehicles that require towing from the scene.
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  Random – must be conducted based on testing rates set annually by the FMCSA (this can change from year to year)
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  Reasonable suspicion – this is unlikely for owner-operators but in certain circumstances can be ordered by the consortium
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  Return-to-duty process or follow-up – this process is required for owner-operators to return to work after a drug or alcohol violation, and requires a return to duty test

Background Check Laws and Regulations in the Transportation Industry

In addition to criminal background checks, employers must also look at the applicant's performance history. Every year, over 400,000 crashes involve large commercial trucks, according to the National Highway Traffic Safety Administration (NHTSA). The Department of Transportation regulates the safety of the transportation industry.

49 CFR § 391.51 says that all motor carriers must keep a driver qualification file for each driver. This file can be part of the driver's regular personnel file. The file must include a medical examiner's certificate.

According to 49 CFR § 391.23, transportation employers must run specific background checks on every truck driver who applies. Background checks for truck drivers look at the past three years in every state where the driver had a license.

Occupational Health Regulations in Transportation and Logistics

Employers in the transportation and logistics industry must adhere to safety standards set by the Occupational Safety and Health Administration (OSHA). These standards address hazards such as vehicle accidents, lifting injuries, and chemical exposures. OSHA provides industry-specific guidelines covering hazard communication, personal protective equipment (PPE), and safe loading practices. For instance, OSHA's regulations on powered industrial trucks aim to prevent injuries during loading and unloading operations.