DOT Drug & Alcohol Testing Violations & Penalties
(as of March 2022)
Not only does failing to comply with the DOT-required drug and alcohol testing program risk the lives of everyone on the roadways, but it also comes with a hefty price.
Here are some of the top FMCSA violations – as well as real-world examples of fines levied to companies like yours.
Current Maximum Penalty Amount: $16,864
Current Maximum Penalty Amount for Clearinghouse Violations: $5,833
Violation | Relevant Code | Example |
---|---|---|
Failing to implement a drug/alcohol testing program | 382.115(a) | A hazmat carrier in Québec, CA was fined $8,890 for violating code 382.115(a) in early 2022. |
Using a driver before receiving a pre-employment drug test result | 382.301(a) | A Delran, NJ trucking company was fined $8,140 in early 2022 when they violated code 382.301(a). |
Failing to conduct a post-accident alcohol or drug test | 382.303 | A trucking company in Gary, IN was fined $8,140 in Oct 2021 when they violated code 382.303. |
Failing to do random drug tests at the applicable annual rate | 382.305(b)(2) | An asphalt paving contractor in Colorado Springs, CO was fined $8,140 for violating code 382.305 in late 2021. |
A driver performing safety-sensitive functions without a follow-up testing program in place | 382.503 | In early 2022, a construction supply manufacturer in Fremont, NE was fined $7,370 for violating code 382.503. |
Using a driver who refused to take a drug/alcohol test | 382.211 | An Avondale, AZ transportation company violated code 382.211 and was fined $3,390 in late 2021. |
Using a driver with a .04 alcohol level | 382.201 | A structural components manufacturer in Edgeley, ND was fined $11,720 for violating code 382.201 in late 2021. |
Failing to implement a random controlled substance or alcohol testing program | 382.305 | A Green Bay, WI scaffolding rental company violated code 382.305 and was fined $12,010 in Oct 2021. |
Failing to do random alcohol tests at the applicable annual rate | 382.305(b)(1) | A refrigerated trucking and storage company in Jessup, MD was fined $6,030 in late 2021 for violating code 382.305(b)(1). |
Using a driver who has tested positive for a drug | 382.215 | In late 2021, a Fremont, CA trucking carrier violated code 382.215 and was fined $8,890. |
Failing to conduct a pre-employment query of the Clearinghouse | 382.701(a) | An Elk Point, SD cargo and freight carrier violated code 382.701(a) in late 2021 and was fined $2,190. |
Failing to conduct a query of the Clearinghouse at least once per year | 382.701(b)(1) | A trucking company in Laredo, TX was fined $3,500 for violating code 382.701(b)(1) in late 2021. |
Using a driver with a positive, adulterated, or substituted controlled substances test result in the Clearinghouse | 382.701(d) | A Waterloo, IA carrier was fined $1,750 in early 2022 for violating code 382.701(d). |
How Fines are Calculated
Using the guidelines above, inspectors will levy financial penalties for violations based on the following:
- How likely it was that the violator was aware of the issue
- Their ability to pay
- The seriousness of the violation
How Can Foley Help You?
These severe violations and penalties don’t have to be your fate. When you partner with Foley, you get a completely automated drug and alcohol compliance platform that keeps you on track. You will be notified whenever a driver requires a drug test, get the most up-to-date electronic Custody and Control Forms (eCCFs), and have total peace of mind.
Fill out the form or call (860) 815-0764 to get your FREE software demo now.
Protect your business (and your CSA Score) by checking out Foley’s solution. Fill out the form to see how we can help keep you compliant, organized and audit ready.