Hey Guys n Gals!
Ive been getting letters from a outfit called Supervisor Compliance Training Department.
My trainer advised Id be getting all sorts of crap in the mail once I started a business and got my CDL and DOT#, and Im wondering if this is legit.
This letter states under Fed Regs 49 CFR 382.507 and 49 USC 521 (b), that all persons designated to supervise commercial drivers complete a mandatory drug and alcohol awareness training program.
They are offering a online training program for $99, and bring up the possibility of up to $10g for non compliance. Apparently offering the course at a discounted rate as they can charge up to $149.
These letters have been deposited in the proper round receptacle so far. But as there may be some truth to the Fed Regs, I thought Id post just in case others have gotten this just starting out. Ive also contacted my WA DOT rep. to see if he can validate the training requirements. I am an owner operator with my own business and no supervisors. As a former dispatcher of 16yrs, I was never required to take any sort of DAATP as company policy, nor are any of the current dispatchers or managers. While I have no doubt that there is a need for awareness in this area, I doubt this agency, the said required certification it offers, and its threat of non compliance.
I should hear back from my WA DOT guy next week and will advise. For now, has anyone gotten these notices? What have you found to be fact?
Thanks!
Supervisor Compliance Training Department. Bogus or real?
Discussion in 'Trucking Industry Regulations' started by THeGAME, Dec 13, 2014.
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A drug testing supervisor is required in many instances. The training consists of watching an hour long video, and having the paper trail to support the training. What are the exceptions? I am not up to date on it, so I won't guess. The way the supervisor training is supposed to work is that at any time a driver may appear to be under the influence, someone in a supervisory role will be available to assure said driver receives reasonable suspicion testing. How does one make this work at all times in all locations? I don't think that is 100% possible, but it is hoped that IF possible, someone with training can make the testing happen, hence the requirement for having a "drug testing supervisor" in the house. I had the title some years ago. (Whoop dee doo!
) I know - many holes in the theory, and again - not sure how this works for one man companies.
While I think the world of this forum, the fact exists that bad advice is not unusual here. If your DOT inquiry does not pan out, your best bet is to consider joining your state's motor truck or similar association for advice when one of these multiple thousands of rules requiring clarification pop up. Most state associations will offer someone well versed in truck regs to answer calls like this. Perhaps the OOIDA also offers a similar advice service? I'm not sure.
DOT drug and alcohol testing law and rule is so complicated it will give you a major migraine if you try to sift through it word by word. It had to be written so as to allow someone who is not charged with any offense to still have to prove themselves innocent, (which in itself clearly defies the US Constitution, but let's not go there for the sake of this post) and it doesn't get any clearer to read thereafter either.
Give you an example of the extent of DOT testing complication : if one is road tested without first being subjected to a pre-employment drug test and negative results received by company prior to performing the road test? The allowable fines for such an occurrence (if caught) are well into five figures. I know, it happens every day of the week and many here will say I'm wrong, but it is the truth.
Some good info here
http://www.foleyservices.com/dot-drug-and-alcohol-testing-faq/#7
although it is provided by an entity seeking clients
Although it is a complicated topic, I do believe that you will be required to:
Be pre-employment tested
Be in a random pool consortium with someone who is trained in reasonable suspicion testing,
although I have no clue how this works for one person trucking companies.
Have a drug policy in your company's possession that you have signed off on.
Also - you may be subject to a new entrant on-site* safety audit to see if you have your ducks in a row - like a driver's file on you showing a background test, DOT physical, and so on and so forth. If you are in operation at the time of the audit, which is likely, things like DVIRs (if they are still in use when you are audited) and six months of logs, and receipts that match times of day of logs and so and so forth are likely to be reviewed. Logs are likely scrutinized for distance vs. time as well. I'm told 57 MPH average is the gold standard there. If you operate exclusively in 70 MPH states, perhaps 57 is a might light. In my day, auditors often would use PC Miler to do a mileage review. Not sure what they use nowadays. I used to be in the compliance side of a hazmat fleet, but stopped doing compliance in November of '07 - hence my "maybes and dunnos" .
If you run an apportioned plate, which is required for interstate travel, don't forget IRP requirements as well. Last I knew every route number and every state mileage had to be accounted for on a daily basis. This record keeping requirement will be somewhere in your IRP manual, although many don't believe me when i tell them about recording daily and all route numbers. I can state with certainty that when one of my O/O retired, his plate was subject to an IRP audit, and route numbers were indeed part of the audit. Thankfully he had good route and milegae records. Audit result: $0 due. (Note too that if you run NY & PA, you may eventually get nicked for their foreign franchise taxes, which will then require loaded and empty and for NY - exempt county mileages.) I would say it's best not to worry about NY & PA just yet though, although NY does have a ton mile / HUT tax that cannot be ignored. The NY state police will often see within x miles of crossing into NY whether you are flying the HUT sticker on the front of your truck or not.
As far as IFTA goes - EVERY mile, including bob tail to the service garage or wherever has to be accounted for. My Garmin does IFTA reporting, and also does route numbers - well worth the nearly $400 it cost me. This too should be in your IFTA state manual, although reading the IRP and IFTA manuals is not unlike 117 trips to the dentist...
Forgive me if I am too long winded here - just throwing out some of the roadblocks waiting for you. Trucking compliance is very complicated, and 50 states often seem more like 50 countries.
*On-site audit can mean your home if that is where your office is. Does one ask for a warrant to allow inspector to enter? Ummm... I think "no" would be the best bet there. Not suggesting you would ask for a warrant, but it certainly does come to mind ( to me anyway )
Last edited: Dec 13, 2014
frito bandito and x1Heavy Thank this. -
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