Send Your Follow-up Testing Plan to Only One Employer
Until recently, when an FMCSA driver was working for more than one employer, FMCSA required your follow-up testing plan to be sent to each of the other employers, and each of those employers was responsible for implementing your follow-up testing plan.
FMCSA/ ODAPC has changed their position
Effective now, only the employer of record must implement the SAP’s follow-up testing. This applies when a driver has multiple FMCSA employers or when a CDL holder is driving a truck for an FMCSA and a vehicle for an FTA employer. The agency for which the employee has the violation is the agency of record that would be responsible for ensuring that the SAP’s follow-up testing plan is implemented.
When a driver has a violation, and has more than one FMCSA employer, 49 CFR Part 382.415 requires the driver to notify each of those employers of that violation, in writing. In your first meeting with the driver, you should ask if he/she is driving for more than one company. If they are, make sure they are aware of this requirement (even though the notification period is over):
49 CFR Part 382.415. Each person holding a commercial driver's license and subject to the DOT controlled substances and alcohol testing requirements in this part who has violated the alcohol and controlled substances prohibitions under part 40 of this title or this part without complying with the requirements of part 40, subpart O, must notify in writing all current employers of such violation(s). The driver is not required to provide notification to the employer that administered the test or documented the circumstances that gave rise to the violation. The notification must be made before the end of the business day following the day the employee received notice of the violation, or prior to performing any safety-sensitive function, whichever comes first.
This also means that you will have to eventually send copies of your SAP reports to those additional employers. Each employer must have your SAP reports before they can return the employee to his/her safety-sensitive functions. For that, you would need to obtain the driver’s signed authorization for each employer. The employers must have assurance from you (not from the driver) that the driver has completed and successfully complied with your treatment recommendation.