Refusal To Test Guidelines, PSP Legal Challenge, Roadcheck 2014 Violation Distribution

The DOT has issued guidance pertaining to when a person can be given permission to leave a drug testing collection site. The short answer is that a person can only leave after the collection process and paperwork have been completed. This includes completing the chain of custody form and placing the urine samples in the plastic bag which is then sealed. The collector can then advise the driver that they’re free to leave.

There is no requirement that the collector inform the driver that failure to remain at the collection site could be a refusal to test. A failure on the part of the collector to provide this information does not constitute permission for the driver to leave before completion. If the driver does leave the following steps are to be taken:

Many collection sites do inform the driver that they cannot leave but it would also be wise for you to inform each driver who is taking a test that they must remain inside the collection facility until they are released.

Six members of the Owner Operator Independent Drivers Association (OOIDA) have filed suit challenging the Pre–Employment Screening Program (PSP) which is part of CSA. The suit, which seeks class action status, claims that FMCSA is unlawfully reporting violations beyond the scope of what they’re authorized to include.

According to the complaint filed in federal court in Boston, Mass., FMCSA is only allowed to report “serious driver–related violations” under its Pre–Employment Screening Program. However, the agency is releasing reports that go far beyond its statutory authority.  A PSP record includes a commercial vehicle driver’s five–year crash and three–year inspection history thus making the disclosure unauthorized since many of the reported violations are not on the list of serious violations.

If the court grants class action status the suit will expand beyond the current six plaintiffs to all drivers for whom such reports have been prepared. If successful this action could bring about major changes in the PSP program which many employers view as an important screening and hiring tool.

The 2014 Roadcheck results have been released and overall driver Out–of–Service rose slightly while truck Out–of–Service dropped nearly 2 percentage points. These statistics are the result of over 73,000 inspections conducted during this year’s three day event across North America.

CVSA publishes data each year regarding the distribution of violations compared across several years. The top three violations for vehicles, drivers, and hazardous materials are shown below. A few are trending down but, for the most part, over the past three years a particular violation will drop and then increase the next year.

It’s no surprise that the top three vehicle violations are related to lights, brakes and tires but knowing that doesn’t get us any closer to divining what condition the “average” truck rolling down the highway is in.

The problem lies with the inspection selection process which is skewed toward motor carriers with a higher level of previous problems. The Roadcheck statistics, while interesting, don’t necessarily represent a true cross section of the motor carrier industry. It is indeed good news that vehicle Out–of–Service dropped but next year’s number could just as easily show an increase.

Out–of–Service violation percentage distribution: