It has been my understanding that you can do pre employment drug testing for CDL drivers and users of safety sensative equip. I also do random drug testing for those employees that drive our vehicles and use forklifts, dump trucks front loaders ect....Is this correct or do you have to pre drug test the entire company? Can you also reference where I can find this in writing.

Is this correct or do you have to pre drug test the entire company? The matter is entirely your choice. You don't have to do pre-employment drug testing for everyone but I strongly suggest you consider doing so.

If you don't routinely do that (a) you can be assured that some of the people you're hiring are drug users and (b) so many companies do pre-employment drug testing and reject positive candidates that many individuals' only employment opportunities are with those companies that don't do such testing. You don't want to be the employer that the "druggies" go to work for after they've been rejected by other employers.

Do you know what website I might find it written that I can pre test safety sensitive positions and not all?

Beth and others,

When you talk about drug testing of CDL driver's, the employer has NO DISCRETION WHATSOEVER in that matter. CDL drivers are regulated by Title 49, AKA The Federal Motor Carrier Safety Regulations (FMCSR's).

As a matter of fact, before you can hire a CDL driver, you MUST do a pre-employment drug screen. It is commonly referred to as a DOT drug screen, but it's proper name is a NIDA-5. It is called that because it there are 5 panels tested for: THC (marijuana), opiates, cocaine, methamphetamines, and PCP.

Once they complete the DQ file (driver's qualifications), the regualted/mandated background investigation, DOT physical, and the NIDA-5 panel, they they become a "qualified" driver, and by law they are placed in a qualified random pool. If you don't have a large enough pool of your own e.g. you only have a few drivers operating under your DOT #, then you must get into a random pool with other motor carriers.

The random percentage must be approximately 25%-50% of the average number of qualified drivers on your DOT #, ANNUALLY (or, if in the case that you have a small motor carrier, 25% of the pool you are in). The percentage can vary from year to year, and is set by the FMCSA Administrator by determining the percentage of positive drug screens in the industry. I belive that the percentage is 50% for 2005. For example, if in a year, your fleet of drivers is around 1000 drivers, you should drug screen approximately 250 that year (if at the 25% rate), or around 21 drivers per month. At the end of the month, or the beginning, your choice, you should get with your drug screen pool administrator to make sure your list of qualified drivers matches your list i.e. they have been made aware of your terminations and qualifications since the last pull. Once your lists match exactly, your random administrator should notify you of the list of names to have brough in (by surprise) and have screened. Once a driver is notified that they need to have a random done, they must go directly to the collection agent, and it can only take them up to two hours to get there. Using a 3rd party to generate your random list is best. It eliminates liability accusations of the screens not being "truly random."

The only other circumstance in which you are able to drug screen a CDL driver, is if they have a DOT recordable accident. YOU MAY NOT DRUG SCREEN THEM IF THEIR ACCIDENT WAS NOT A DOT RECORDABLE. In very simplistic terms, a DOT recordable means that:
1. a vehicle was incapacitated and then towed
2. a person was taked away for medical assistance
3. a fatality

GUESS WHAT??? You must also randomly alcohol screen too, and that is entirely regulated.

This link should help you
http://www.dot.gov/ost/dapc/

Let me be blatantly honest. IF YOU SCREW UP RANDOMS/PRE-EMPLOYMENT/QUALIFICATION stuff with CDL drivers YOU CAN GO TO PRISON AND GET SUED FOR LOTS AND LOTS OF MONEY!!! My best advice is to hire someone who knows what they are doing.