Selected for Random Drug & (BAT) Testing, but There is no Facilities near

Q: I’m am owner-operator and was selected for a random drug test and breath alcohol test (BAT) but there is no testing facility close enough for me to do both tests.

The site right in my area only does drug tests.

Can I only do the drug test?

A: If a driver has been notified of his/her selection of a random drug and/or alcohol test and the testing cannot be completed because of “unforeseeable obstacles” at the collection site (i.e. collection site closed, collector unavailable when driver shows up, equipment or training problems, emergency such as a fire, natural disaster, etc…) what is the carrier’s or employer/drivers responsibility?

In accordance with §382.305(i)(3) and §382.305(l), each driver selected for testing shall be tested during the selection period; and upon notification of selection for random alcohol and/or drug testing proceed to the collection site immediately. In instances of “unforeseeable obstacles” the driver shall immediately contact the employer’s Designated Employer Representative (DER) for instructions to an alternative collection site.

These “unforeseeable obstacles” do not negate the employer’s responsibility of ensuring that the required test be administered.

For owner-operators who are both employers and drivers we would suggest that you document the occurrence and get a name, phone number and something in writing to support why the test could not be taken for unforeseeable obstacles and proceed to the alternate collection site immediately.