How Must a Motor Carrier Select and Notify Drivers for Random Tests?

A random testing program under 49 CFR 382.305 depends on two things: a selection that is truly random and a driver who has no time to prepare. Paragraphs (i) through (m) of that section set the selection and notification rules. They apply whether the motor carrier runs selections itself or uses a C/TPA, and the steps are usually carried out by the designated employer representative.

A scientifically valid selection method. Drivers are selected by a scientifically valid method, such as a random number table or a computer-based random number generator matched with Social Security numbers, payroll identification numbers or other comparable identifying numbers (49 CFR 382.305(i)(1)). Picking names by hand, or choosing a driver a supervisor is worried about, is unlikely to meet that standard. Concerns about a specific driver belong in the separate reasonable suspicion process.

An equal chance at each selection. Each driver in the pool has an equal chance of being selected each time selections are made (49 CFR 382.305(i)(2)). A driver tested in one period stays in the pool and can be picked again in the next one, and some drivers may go a full year without being selected.

Testing within the selection period. Each driver selected for testing is tested during the selection period (49 CFR 382.305(i)(3)).

Unannounced tests spread across the year. Random tests are unannounced, and the dates are spread reasonably throughout the calendar year (49 CFR 382.305(k)). A pattern drivers can predict, such as testing on the first Monday of each quarter, works against this rule, and so does saving most tests for December.

Immediate reporting to the test site. Once notified, a driver proceeds to the test site immediately. If the driver is performing a safety-sensitive function other than driving when notified, the carrier makes sure the driver stops that function and proceeds to the site as soon as possible (49 CFR 382.305(l)). A driver who fails to appear within a reasonable time after being directed to test has refused, and the same applies to an owner-operator called by a C/TPA (49 CFR 40.191(a)(1)). The consequences are covered in DOT drug test refusal.

Timing of random alcohol tests. A random alcohol test is conducted only while the driver is performing safety-sensitive functions, just before, or just after (49 CFR 382.305(m)). The drug test does not carry this limit.

Records of each notification. When a carrier reports a refusal to appear to the Drug and Alcohol Clearinghouse, it submits documentation that includes the date and time the driver was notified and the location of the test site (49 CFR 382.705(b)(3)). For that reason, a carrier can keep a written record of each notification, including who gave it and when, along with the selection list for each period.