Each local government employer, that employs one or more drivers who are required to have a Commercial Drivers License (CDL), needs to have a formal drug and alcohol testing program.

The drug and alcohol testing rules are an unfunded federal mandate from the Federal Highway Administration (FHWA) of the U. S. Department of Transportation (DOT). These FHWA rules cover safety-sensitive employees in transportation who drive motor vehicles requiring a CDL to operate. CDLs were required by previous federal legislation for persons driving commercial vehicles (except fire department vehicles) weighing in excess of 26,000 pounds.

The Michigan Municipal League has established a consortium of local governments in Michigan and has contracted with First Advantage Corporation to provide CDL drug and alcohol testing services for local governments.

The League Consortium provides compliance services for a municipality, including the development of a Plan of Action covering all members of the Consortium.

Additional services are available, for a fee, including:

• The development of an anti-drug and alcohol policy for CDL employees.
• Required training of all supervisors of CDL employees and all CDL employees.

Required testing:

• Pre-employment – conducted before applicants are hired or after an offer to hire, but before actual performing safety-sensitive functions for the first time. This testing now excludes alcohol testing.
• Post-accident – conducted after accident for drivers whose performance could have contributed to the accident (as determined by a citation for a moving traffic violation) and for all fatal accidents even if the driver is not cited for a moving traffic violation.
• Reasonable suspicion – conducted when a trained supervisor or official observes behavior or appearance that is characteristic of alcohol or drug misuse.
• Random – conducted on a random unannounced basis just before, during or just after performance of safety-sensitive functions. Within the Consortium, 50 percent of all covered employees are to be drug tested each year, and 10 percent of all covered employees are to be alcohol tested each year.
• Return-to-Duty and Follow-up Tests – conducted when an individual who has violated the prohibited alcohol or drug conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least six tests must be conducted in the first 12 months after a driver returns to duty.
• On-site collection of samples and coordination with nearby clinics.
• Access to counseling
• Required state and federal reports
• Consultation and support to members.

Contact: Nicole Bidwell
Phone: 734-662-3246 or toll-free 800-653-2483