Is a trucking company required to give a driver a drug test?
By: Robert F. Goings
The Goings Law Firm, LLC is a Columbia, South Carolina truck accident law firm. Many trucking accident injuries happen because the driver is impaired or driving under the influence of drugs. A trucking company or motor carrier is required to perform a drug test on a driver or other employees in the certain situation to promote driver safety. Drug tests are mandated by Federal law in the following situations:
- Before Hiring: The driver must always be tested unless he or she has been in a federally-approved drug testing program in the past 30 days and meets other strict requirements.
- Randomly: All motor carriers must have random drug testing of 50% of its drivers annually.
- After a Collision: The driver must be tested in all instances when there has been a death and in some cases when there have been injuries or a towed vehicle.
- Reasonable Suspicion: All trucking and motor carriers must drug test drivers based on reasonable suspicion to violate drug regulations.
- Follow-up: Follow up tests must meet federal requirements.
- Return-to-Duty: All drivers must receive a return-to-duty drug test.
These drug tests are all mandated by Code of Federal Regulations, Title 49, Part 382, Subpart C. If a truck driver is impaired or driving under the influence of drugs or alcohol, the trucking company may be liable for gross negligence, recklessness, and may be held responsible for based on actual and punitive damages. Punitive damages in South Carolina is designed to punish, deter, and to hold a guilty driver and trucking company responsible for wrongful conduct.