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CDL EMPLOYER DOT COMPLIANCE

What CDL Employers Need
DER - every CDL employer must have a Designated Employee Representative who executes CDL employer drug and alcohol testing requirements.  There are over 100 references to DER responsibilities in 49CFR40.  The DER must maintain records of employer compliance.

SAP - every employer must provide names of Substance Abuse Professionals to all applicants and employees who violate the DOT regulations by refusing to test or abusing drugs and alcohol. 

Supervisor Training - CDL employers must train all supervisors of CDL drivers for one hour on drugs and one hour on alcohol so they are prepared to respond to reasonable suspicion as defined in 49CFR40. 

Employee Education - CDL employers must provide all CDL drivers with educational materials that contain 11 topics required under FMCSR382.

To Succeed If Audited - CDL employers are subject to on site audits by the DOT: they have an office in every state and inspectors may show up to review your compliance with regulations. Inspectors have the power, if they discover violations, to shut down your use of Commercial Motor Vehicles until they satisfied with your compliance and to levy fines of $10,000.00 per day for each violation.

Good News - an employer with Dovetail's Compliance Package was audited in August, 2003, and all policies, forms, training, handouts, and practices related to the Package were found to be in compliance. The employer was neither shut down nor fined.

To Avoid Negative Publicity - The Federal Motor Carrier Safety Administration issues press releases touting the good work they do protecting public safety. They will mercilessly splash your name all over the local media if they find violations. A July 2007 search of the words "fines safety " at www.dot.gov yielded 1250 hits and the most recent press releases touted hefty fines against CDL employers, listing their names and addresses. Here's the list:

FMCSA Fines Bus Company $31,110
FMCSA Fines New York Motor Carrier $45,000
FMCSA Fines Maryland-Based Mover $11,300
FMCSA Fines 12 Motor Carriers for Violations (total = $112,600)
FMCSA Fines New Jersey Motor Carrier $7,000
FMCSA Fines Florida Household Goods Carrier $98,000
FMCSA Fines New York Household Goods Carrier $302,000


Translation: compliance is safer and cheaper than noncompliance.

Compliance Services

To assist CDL employers in compliance with FMCSR382 and 49CFR40, the Dovetail CDL Employer Compliance Package provides:

1. Access to an exclusive web page with downloadable forms, links, up to date advice on new rules and interpretations, and useful DER tips - last updated: 8/8/2008.

exclusive web page

2. Current copies of regulations and guidance on a PC compatible CD-ROM
3. Sample employer forms for applicants and employees
4. Copy of actual DOT letter detailing records reviewed in an audit
5. DER orientation
6. DOT policy and Drug Free Workplace policy consulting
7. Supervisor Training in full compliance with FMCSR 382.603
8. Employee Training with handout in full compliance with FMCSR 382.601
9. Training and employee education documentation

Fees
Please call 888-275-3683 for a quote.  Basic Compliance Package includes up to 6 hours of training, education, consulting, materials, preparation, and web page access.  Discounts are available to organizations with Dovetail EAP.


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