Alcohol & Drug Abuse Testing Centers, Inc.
Breath Alcohol Technicians Urine Specimen Collectors Substance Abuse Professionals Supervisors
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All Qualified SAP's Must Complete 12 hours Continuing Ed. Every 3 year period from Certification.
7.0 Continuing Education Hours Available in One Day Class meets §40.281(d) Requirements
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North Carolina Department of Transportation Division of Motor Vehicles has just released the form required for employers to report positive drug or alcohol tests for drivers who hold Commercial Drivers Licenses. THIS REPORTING IS REQUIRED AS OF Thursday December 1, 2005. This link www.ncdot.org/dmv/forms will take you the website where you can download a copy of the form.
REPORTING: THE WHO - WHAT - WHEN - HOW
WHO: Every employer who conducts testing of employees under 49 C.F.R. Part 382 and 49 C.F.R. Part 655
WHAT: Any confirmed positive alcohol test or verified positive drug test under the FMCSA or FTA regulations (Part 382 & 655)
WHEN: Within five (5) business days of the date the employer is notified of the positive test
HOW: Use the DMV form CDL-8 and mail to the address on the form or fax to the number on the form, then mail original
§ 20-37.19. Employer Responsibilities.
(c) The employer of any employee who tests positive in a drug or alcohol testrequired under 49 C.F.R. Part 382 and
49 C.F.R. Part 655 shall notify the Division of Motor Vehicles in writing within five business days following the employer's
receipt of confirmation of a positive drug test. The notification shall include the driver's name, address, drivers license
number, social security number, and results of the drug or alcohol test."
QUESTIONS: Contact Jon at firstname.lastname@example.org or call 704-544-1156
Original Article 9/23/05
Carolina House Bill 740 passed on July 5th 2005. This bill requires any transit operator or employers of
persons who operate commercial vehicles subject to the Federal [Department
of Transportation (DOT)] alcohol and drug testing requirements to report
any positive tests required by those regulations
to the Department of Motor Vehicles for disqualification of their
commercial drivers license. The
responsibility for reporting will rest with EMPLOYERS to report the
violations, in writing, to the Department of Motor Vehicles, within five
(5) days of notification of the verified positive test. DMV
procedures are still being worked out on the reporting and process
This action is intended to prevent the active user from moving from
employer to employer by not self disclosing to the new employer a previous
positive, as required by Federal regulation.
This legislation directs DMV, beginning December 1, 2005, to disqualify any offending CDL holder from operating a commercial vehicle by suspending his/her Commercial license (doesn't necessarily affect his or her license to drive a non commercial vehicle) until the individual completes the required 49CFR Part 40 Subpart - Substance Abuse Professionals and the Return-to-Duty Process. (Because of clarity issues in the law the 12/1/05 implementation may have to be changed)
important areas of clarification or attention:
For further information you can call or email me at 704-544-1156 or email@example.com -Jon
Providing Drug Free Workplace services to organizations since 1989, ADATC's experience in government regulations, corporate and municipal administration and substance abuse prevention and treatment, enable us to offer comprehensive training, policy development and consultation to your organization.
ADATC offers training for your people at your location! In addition to our scheduled training classes, ADATC offers on-site training for groups. Please call: 800-942-3784 for further information.
To learn more about our services, click on Training, Policy, Consulting or Heart EAP, above or follow the links at the bottom of each page.
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Alcohol & Drug Abuse Testing Centers, Inc.
PO Box 470194
Charlotte, NC 28247
Telephone: 704-544-1156 Toll Free: 800-942-3784 Fax: 704-544-1307