Do Owner-Operators Need a DOT Drug Testing Consortium?

This article is for owner-operators running under their own authority, and for anyone setting up the testing program for a one-truck company. It covers what the rules require, what a consortium does for you, and what it costs.

The rule

Under 49 CFR 382.103(b), an employer who employs himself or herself as a driver must follow both the rules for employers and the rules for drivers. The same paragraph says an employer who employs only himself or herself as a driver "shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool."

That's the reason owner-operators join a consortium. You can't run a random pool of one. A consortium puts you in a pool with drivers from other companies, and the random draw runs across the whole pool.

Part 40 defines a consortium/third-party administrator (C/TPA) as a service agent that provides or coordinates drug and alcohol testing services for employers, including groups of employers who join together to run their programs as a single entity (40.3).

Who this applies to

Part 382 covers people who operate a commercial motor vehicle in commerce in any State and are subject to the CDL requirements of Part 383, and their employers (382.103(a)). Part 40 counts a self-employed individual as an employer (40.3).

Some drivers are excepted, such as certain farm vehicle operators, firefighters and emergency vehicle operators, and military personnel. The list is in 382.103(d). If you think you fit one, read the exact wording before you rely on it.

Leased on to a carrier? If you're leased to a motor carrier and that carrier puts you in its own testing program, you are generally covered by the carrier's program for that work, not your own. Get it in writing from the carrier, and keep your own enrollment until you have it.

What an owner-operator's program needs

Random testing at the required rate. FMCSA's minimum annual rates are 50% of the average number of driver positions for drugs and 10% for alcohol (382.305(b)). Selections must use a scientifically valid method, and every driver must have an equal chance of being picked each time (382.305(i)).
A pre-employment drug test before you first drive. No one may perform safety-sensitive functions until the employer has a verified negative result from the MRO or C/TPA (382.301(a)). If you were in another qualifying program within the last 30 days, and were tested within the last 6 months or were in its random program for the last 12 months, with no violation in the last six months, you can skip the new test (382.301(b)). If you skip it, get the paperwork from that program and keep it for an audit: the program's name and address, proof you were in it, confirmation it follows Part 40, the date you were last tested, and any results from the last six months (382.301(c)(1)). If you can't get the paperwork, take a new pre-employment test.
A C/TPA designated in the Clearinghouse. An employer who employs himself or herself as a driver must designate a C/TPA to comply with the employer reporting requirements about his or her own alcohol and drug use (382.705(b)(6)).
Clearinghouse queries. Employers must run a pre-employment query before a driver performs safety-sensitive work, and a query at least once a year for every covered driver (382.701(a) and (b)). For owner-operators in our consortium, TrueTest runs both queries as your designated C/TPA.
Educational materials and your policy. Each employer must provide materials explaining the rules and the employer's policies (382.601(a)).
Records. Program records go in a secure location with controlled access (382.401(a)). Verified positives, refusals and program administration records are kept at least five years; negative results at least one year (382.401(b)).
Other tests when they're triggered, such as after certain accidents. See when a post-accident test is required.

What a consortium does for you

A good consortium runs the parts you can't run alone. It keeps you in a pool of two or more, runs the random selections, tells you when you're selected, orders the test at a collection site near you, gets every drug test reviewed by a Medical Review Officer, and keeps the records an auditor will ask for.

When you're told you've been selected, you go to the collection site immediately (382.305(l)). For an owner-operator, that notice comes from the consortium.

Using a service agent doesn't hand off your responsibility. Under 49 CFR 40.15(c), the employer remains responsible for compliance even when a service agent does the work. There is one exception: when an owner-operator designates a C/TPA for Clearinghouse reporting under 382.705(b)(6), the employer does not keep responsibility for that reporting (382.705(c)).

What it costs

Most providers charge a fee to be in the program, plus a fee per test. At TrueTest, there is no enrollment, annual, membership or per-driver fee. You pay $65 per DOT drug test, with collection, lab and MRO review included, and $65 per DOT breath alcohol test, only when you test.

At the minimum rates, an owner-operator averages one random drug test every two years and one random alcohol test every ten. Most years cost $0 or $65. Here's what a year typically costs, from 1 driver to 100.

What to ask before you choose a consortium

Will you act as my designated C/TPA in the Clearinghouse? An owner-operator needs one.
What do I pay in a year when I'm never selected? That's the fee to exist in their system.
How will you tell me I've been selected, and how fast can I get an order for a site near where I am?
Can I get my selection and test records on request? An auditor will ask you for them.
How do I order a pre-employment or post-accident test when I need one?

How to enroll with TrueTest

The enrollment form takes a few minutes. You'll need your USDOT number and a payment method. As the owner, you're also the DER, the person who receives results. You need a negative pre-employment drug test on file, or must complete one within 30 days of enrollment. We contact you within one business day, and we serve as your designated C/TPA in the Clearinghouse.

Questions owners ask

I'm the only driver. Can I run my own random testing?

No. An employer who employs only himself or herself as a driver must have two or more covered employees in the random pool (49 CFR 382.103(b)). That's what a consortium provides.

How often will I be selected?

At FMCSA's minimum rates of 50% for drugs and 10% for alcohol, an owner-operator averages one random drug test every two years and one random alcohol test every ten. Some years you'll be picked more than once, some years not at all.

Do I need a C/TPA in the Clearinghouse?

Yes. An employer who employs himself or herself as a driver must designate a C/TPA to handle the employer reporting requirements about his or her own alcohol and drug use (49 CFR 382.705(b)(6)).

What does a consortium cost an owner-operator?

At TrueTest, $0 to enroll and $0 a year. Each DOT drug test or breath alcohol test is $65, so a typical year is $0 to $130.

How fast can I enroll?

The form takes a few minutes, and we contact you within one business day. You need a negative pre-employment drug test on file, or must complete one within 30 days of enrollment.