Starting a new trucking company or becoming an owner-operator involves countless considerations, from business and profit management to DOT compliance.

What does a positive drug test mean for you and your employee? Things can get complicated if a non-negative drug test result comes from any of your employees – especially for companies regulated by the Department of Transportation (DOT). The DOT has strict regulations regarding the steps you need to take after this occurs. If the positive result comes from a pre-employment drug test, you cannot allow the employee to operate a commercial motor vehicle (CMV) for your company. You must have a negative drug test result in the driver qualification file for every employee in order to operate compliantly and meet DOT recordkeeping requirements. So, what does a positive drug test mean and what happens next? Let’s go over a few scenarios that may apply to your employee’s specific situation, such as... They say the result is a false positive They admit to using drugs They refuse to take a drug test They take prescription medication and are afraid to take a test They need to go through the return-to-duty process What if I received a positive drug test result, but the employee says it’s a mistake? This is a common claim that employers encounter after receiving a non-negative drug test result, which is why it’s important to understand the measures the DOT has in place to address this argument: After a drug test is taken, the urine sample is split into two separate vials – vials A and B – which are shipped to a laboratory. The laboratory tests vial A. If drugs are detected, the specimen goes under further testing to confirm the presence of drug metabolites and is eventually reported to a DOT Medical Review Office (MRO) as positive for at least one controlled substance. Once the MRO receives a positive laboratory result, a “medical review” takes place. This review consists of the following steps: 1. A DOT-qualified physician – the Medical Review Officer – attempts to contact the employee in order to conduct an interview. 2. During the interview, the MRO will determine if there is a valid medical explanation as to why the specimen may have tested positive (such as prescribed medications). 3. If the MRO determines there is no medical explanation, they will offer the employee the option to have Vial B tested (as described above) in order to verify there were no errors made. After the medical review process is complete, the result is reported to the employer as a verified positive. If the MRO is unable to reach the employee to conduct the interview after a minimum of three contact attempts have been made, the result will report to the employer as a “non-contact positive.” What happens if the employee agrees to split-specimen testing? The employee must make the split-specimen test request to the MRO within 72 hours. At that time, vial B will be shipped to a laboratory for testing. This cannot be the same laboratory used to analyze the first sample. What if my FMCSA-regulated driver admitted to me that they use drugs? This is what’s known as “Actual Knowledge,” and it has the same consequences as a positive result. If you are regulated by a DOT agency other than the FMCSA, such as the Federal Aviation Administration (FAA), Pipeline and Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), or Maritime Administration (MARAD), please call Foley at 800-253-5506 for assistance. One of my employees refused to take a required drug test. Now what? This is known as “Refusal to Submit.” It involves the same consequences as a positive result. What if I have an employee who is on prescribed medication and doesn’t want to test for fear of the result being positive? This is another common scenario, but thanks to the medical review process, it shouldn’t be a concern. If during the MRO interview the employee states that they are taking prescribed medication, they will be given the opportunity to provide proof of the prescription to the MRO. Once a valid prescription is received, and it is determined that the employee is using the medication as prescribed, the result will be reported as a verified negative to the employer. An employee who has been prescribed medication may be required to obtain a note from their physician that the medication will not affect their ability to perform safety-sensitive functions. What if I have an employee that needs to go through the DOT return-to-duty process? As you might expect, if an employee does test positive, the process they must complete prior to resuming safety-sensitive functions is not usually a quick one. This process consists of the following steps: An initial Evaluation with a DOT-qualified Substance Abuse Professional (SAP) – This face-to-face interview will determine the course of action the employee must take. Education/Treatment – The employee must comply with the SAP’s recommendations. This could be anything from attending several group meetings to in-house rehabilitation. Follow-Up Evaluation – This must take place with the same SAP who conducted the initial evaluation and will determine whether the employee has satisfied the recommendations. DOT Return-to-Duty Drug Test – When this test comes back negative, the individual may resume safety-sensitive functions. It must be completed under direct observation, meaning a person of the same sex must accompany him or her during the collection process. DOT Follow-Up Testing – The SAP will provide the employer with a schedule of follow-up tests, in which a minimum of six unannounced tests conducted under direct observation are to be scheduled over at least a 12-month period. This process may continue for up to five years. A non-negative drug test result can be a stressful experience for both the employee and you, the employer. Following these steps will ensure you meet DOT regulations while keeping the safety of your company at the top of your list of priorities. Trust Foley for DOT Drug Testing Done Right If you need additional support throughout the drug testing process, turn to a trusted third-party administrator (TPA) like Foley for a DOT-compliant drug and alcohol testing program. We’ll take care of pre-employment, random, post-accident, return-to-duty, and reasonable suspicion drug tests. Foley also manages all the DOT recordkeeping requirements that go along with these tests. Our nationwide network of collection sites makes it easy for your drivers to find a convenient location along their routes. Ready to make drug testing drivers easier for yourself? Get a FREE demo of Foley’s drug and alcohol testing software today by filling out the form below.

Heavy snowfall and UCR enforcement are on their way in 2025. Are you prepared? It’s (almost) the most wonderful time of the year! In many areas across the US, temperatures are dropping, and snow is starting to fall. Do you know the ice and snow removal laws for your state?

A new regulation in the FMCSA Drug and Alcohol Clearinghouse is now in effect, revoking driving privileges from some commercial drivers. Starting today, November 18, 2024, drivers listed as "prohibited" in the FMCSA Drug and Alcohol Clearinghouse due to reported violations will face a denial or revocation of their commercial driver’s license (CDL) or commercial learner’s permit (CLP).

DOT regulations on diabetes can be murky. Foley clears up the confusion surrounding diabetes and DOT physical requirements during National Diabetes Awareness Month. To drive a commercial vehicle over 10,000 pounds, you need to pass a DOT (Department of Transportation) physical. The DOT physical isn’t something you need to be afraid of, but if you have diabetes or high blood sugar levels (or suspect you do), you may have some concerns about your ability to pass. Drivers must pass their DOT physicals at least once every 24 months, so whether you’re preparing for your first DOT physical or your fifth, it’s a good idea to familiarize yourself with the rules and restrictions surrounding diabetes and blood sugar levels. Below, we’ll answer all the most frequently asked questions regarding DOT physicals and diabetes, but if you’re new to DOT physicals, read our overview here first. Impact of Diabetes on CMV Drivers When diabetes is undiagnosed and so uncontrolled (which accounts for around 7.3 million people in the US), it can cause fatigue, stress, and sluggishness, all of which can impede your ability to drive a CMV. According to the National Institute for Occupational Safety and Health, truck drivers have a 50% higher risk of developing Type 2 diabetes than the general population. In worst-case scenarios, it can lead to hypoglycemia which may result in loss of consciousness and seizure, so it’s important to control diabetes if you do indeed have it. Does the DOT Physical Test for Diabetes? The DOT physical will look for signs of diabetes and may recommend further investigation if they believe you have diabetes. Your examiner will ask whether you have a history of diabetes or control elevated blood sugar levels with your diet, pills, or insulin. They’ll also examine you for other conditions potentially caused by diabetes, and test your urine for the presence of sugars. Can You Pass a DOT Physical with Diabetes? Yes, however, diabetes is one of the four conditions that have objective disqualifiers – that means that if your symptoms of diabetes meet one of their disqualifying conditions, you’ll automatically fail the exam. This will not apply to most but will apply if you’ve been diagnosed with severe non-proliferative diabetic retinopathy or proliferative diabetic retinopathy. It is also subject to other standards that are “discretionary,” which means your medical examiner will determine whether they believe your condition may impede your ability to safely do your job. If you have diabetes or another health condition such as high blood pressure, you will be required to have your DOT physical annually (or more frequently) to ensure you continue to be fit enough to operate large commercial vehicles. You’ll also be required to have annual eye tests because diabetes can lead to some vision impairment. Can You Pass a DOT Physical With Type 2 Diabetes? Yes, though it will depend on the circumstances of your condition and the opinion of your medical examiner. It will be largely up to their professional opinion whether you are safe to operate a CMV. If you control your diabetes and regularly monitor your condition, you won’t likely have a problem getting the all-clear from your medical examiner. Your medical examiner may ask you: Do you regularly monitor your blood sugar level? Do you take any over-the-counter medications/supplements for diabetes? Do you have a history of feeling faint, dizzy, or any other loss of consciousness? Have you had a hypoglycemic reaction in the past? What did that look like? When did it happen? What were the circumstances? Your doctor will also test your urine for the presence of sugars. What is the FMCSA Diabetes Standard? Previously, the only way for diabetic drivers to legally operate commercial vehicles in interstate commerce was through applying for an exemption in the Diabetes Exemption Program; however, the program was officially discontinued in November 2018. Instead, the healthcare professional who prescribes insulin for a driver must now provide the Insulin-Treated Diabetes Mellitus Assessment Form (ITDM Assessment Form), MCSA-5870, to the certified medical examiner performing the DOT physical, which indicates the driver has a stable insulin regimen in place. This means the entire process is faster and less burdensome for all involved, and you no longer have to obtain a separate evaluation by the doctor treating your diabetes. Drivers who have diabetes also need to bring their latest lab work to the examination, which should include fasting blood sugar and HGA1C. This needs to be from within the last four months. If you are new to using insulin to control your diabetes, you need to have used it for four months before you can pass the DOT physical. If you have another medical condition and you're wondering how it may impact your DOT physical results, check out this Foley article for more information. How to Pass A DOT Physical with Diabetes Don’t worry, passing the DOT physical with diabetes isn’t complicated — you just need to have your diabetes under control. In other words, you need to prove that you’re healthy and properly managing your condition. If you already monitor and treat your diabetes appropriately, you shouldn’t have a problem. However, if you’re concerned you may not pass, here are a few things you can do to improve your ability to pass: Stay on top of monitoring your blood glucose and treating your diabetes appropriately Get some exercise — even just a short walk can help you keep your insulin levels in a healthy range Cut back on foods that spike your insulin levels (sugary, processed foods, sodas, salty foods, and so on) Make sure you don’t overeat — your insulin levels will spike after eating Cut back on alcohol, smoking, and caffeine Make sure you’re well-hydrated before your physical How long is a DOT physical valid with diabetes? Under the new FMCSA final rule on insulin-treated diabetes, the maximum period of medical certification is 12 months. A1c Guidelines for DOT Physical Hemoglobin A1c is blood sugar that can show in your urine test if you have poor glucose control — as would be the case if you have uncontrolled diabetes. This is the sugar that is detected that we discussed above, and so 10% is the A1c limit for the physical exam. The DOT A1c guidelines 2024 are that you must have less than 10% to pass. However, if it is higher than 8%, your medical examiner may have some concerns about your ongoing health, and so may refer you for further testing and monitoring. If you haven’t been diagnosed with diabetes, you can improve your diet and get more regular exercise to lower your A1c levels. High A1c levels are from excess sugars being produced when your cells have enough energy to function, so if you eat foods with less sugar and avoid overeating, your A1c levels will naturally start to lower. Remember that your medical examiner isn’t trying to find reasons to fail you – they’ll want to pass you but they also have to make sure you’re healthy and safe to operate CMVs, for your safety and that of others. If you find you do have high A1c levels, speak to your physician about what next steps you can take to avoid future health problems that may cause you to fail the DOT physical in the future. If you do fail due to uncontrolled diabetes or high A1c levels, you’ll be able to reapply once your condition is under control. What are the DOT Physical Blood Sugar Requirements? If you haven’t been diagnosed with diabetes but know or suspect you have blood sugar levels, then you may be concerned about having a nasty surprise when your urine is tested for excess sugar. The physical requires you to have a blood sugar level of less than 8% in this test — a normal range is less than 5.7%. What are Acceptable Blood Sugar Levels? If you have a blood sugar level of under 5.7%, you’re within a normal range. If it’s between 5.7% and 6.4%, then you’re considered “pre-diabetic,” and so your medical examiner may have some concerns and refer you for further investigation or monitoring, or recommend you make some lifestyle changes. That alone is not enough to fail the DOT physical, but you do need to be aware that it’s high and monitor it so that you don’t get diabetes or end up with a level that’s too high when you go for your next physical. New DOT Physical Requirements for Diabetes in 2024 As long as you have a diabetes management regime in place, your blood sugar levels are monitored, and your insulin-prescribing doctor provides the Diabetes Mellitus Assessment Form (ITDM Assessment Form), MCSA-5870, to the certified medical examiner performing the DOT physical, you should be in good standing to pass it. Now that you know the FMCSA diabetes guidelines for 2024, it's time to schedule your DOT physical. Foley makes it easier for owner-operators and fleet managers to schedule DOT physicals for drivers. Our NEW automated DOT physicals software automatically sends alerts whenever drivers need a physical and auto-orders them for you. Plus, the system uploads new medical certificates to drivers’ electronic files once they pass their DOT physical exams. Ready to stop tracking medical certificate expirations on your own? Get a FREE demo of the Foley DOT physical software now. Links to Related Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Vision Requirements for the Eye Exam DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: What if I have a Medical Condition? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

The annual FMCSA Drug and Alcohol Clearinghouse deadline is closing in, with annual queries for all DOT-regulated drivers due by the end of 2024. If you haven’t yet run a query on each CDL driver you employ (including yourself if you’re an owner-operator), you must do so within a 12-month rolling period of their initial query. Failure to run these annual queries could lead to fines of up to $5,833 per driver. The latest FMCSA Clearinghouse data suggests that there are still many employers and drivers who haven’t yet registered for the Clearinghouse, which could create a demand similar to the one we saw earlier this year when the system became overwhelmed by the large volume of traffic trying to register and login to the site. If this occurs in the weeks leading up to the deadline, as projected, it could make it difficult for employers to meet their requirements before the deadline. Our suggestion? Take care of this annual FMCSA requirement before the holidays and last-minute annual compliance demands pile up. About the Annual Clearinghouse Query For the annual query requirement, you have the option of running either a full or a limited query, but if a limited query shows that there is information on a driver’s record, you will be required to run a full query within 24 hours. Failure to do so will result in the driver being pulled from safety-sensitive functions until you’re able to run the full query. Required First Steps in the FMCSA Clearinghouse #1: Employer Registration Before you’re able to run an annual DOT Clearinghouse query on your drivers, you must set up an account first. Without an account, you can’t run queries on your drivers — you also can’t report DOT drug and alcohol violations when they occur. #2: Driver Registration Not only does having a Clearinghouse account enable drivers to check their accounts for inaccuracies, but it also enables them to give consent before an employer runs a full query of their Clearinghouse record. Because a full query shows all of the details of a driver’s record, the driver is required to give consent within the Clearinghouse before a full query is run. Because an employer only has 24 hours from the time a limited query shows a “hit” on a driver’s record, until the time they run a full query, drivers must have their account set up in advance. #3: Limited Consent Form Although consent for full queries must be obtained each time an employer runs a full query in the Clearinghouse, a blanket consent form is all that is needed for limited queries. Employers should provide all CDL drivers with a limited consent form which gives them permission to run an unlimited number of limited queries for the duration of their employment. Employers must keep a signed consent form on file for each driver they employ. #4: DOT Recordkeeping System Employers must have signed consent forms on file for each driver, as well as a record of all queries that they’ve run throughout each driver’s employment. These records will be critical during an audit and should be stored digitally to both accommodate remote workers and ensure you’re ready for an offsite audit. Fulfill Your Annual FMCSA Clearinghouse Query Requirement Now Because of the steps required in fulfilling the annual query process, it’s important that employers take care of it as soon as possible. If you have questions or need help navigating the process, Foley can help. To learn more about our comprehensive FMCSA Clearinghouse management program, please click here.

Being proactive, not reactive, when it comes to DOT audits can make or break the chances of your company passing them. Being a federally regulated motor carrier or company with regulated drivers comes with a slew of responsibilities—one of the most important being a safe and reliable business, especially in the eyes of the Federal Motor Carrier Safety Administration (FMCSA).

The UCR fee increase follows a two-year streak of fee reductions for those subject to the federal filing requirements. Federal regulators have approved a 25 percent hike in fees charged to motor carriers, brokers, and leasing companies under the Unified Carrier Registration (UCR) Plan for the 2025 registration year.

You must file your MCS-150 update on a regular basis to maintain your FMCSA compliance. There are a variety of reasons why motor carriers are required to update their MCS-150 filing. Keep reading to find out everything you need to know about the update, why it’s important, and how to get it done fast. What is MCS-150? The MCS-150, or Motor Carrier Identification Report, is a form filed to obtain and update your USDOT number. Through this form, you provide specific information about your business to the FMCSA, including whether you’re designated as a passenger vehicle or hazardous materials carrier, your mileage, and the number of vehicles in your fleet. This allows the FMCSA to verify that the information associated with your DOT number is correct. Any motor carrier with a DOT Number is required to file a biennial MCS-150 update. You should also file an update any time something about your business changes, for instance, if you have a new company name or add trucks to your fleet. File Your MCS-150 Update Now Why it’s Important to Provide Accurate Information on Your MCS-150 The FMCSA uses the information you file in the report to calculate safety scores according to its safety measurement system, Compliance, Safety, Accountability (CSA). The data you provide is used to analyze your safety performance within CSA’s Behavior Analysis & Safety Improvement Categories, otherwise known as the BASICS. Inaccurate data can negatively impact your safety performance scores. What Happens if You Don’t Update Your MCS-150? The FMCSA takes this update seriously. Failure to file the update by the deadline could result in a deactivation of your DOT number, along with fines of up to $1,000 a day. You’ll need to know your DOT number when determining when your update is due, as it is based on the last two digits of your DOT number: The second to last number in your DOT Number determines what year your biennial update needs to be filed. If it’s odd, you’re required to file your MCS-150 in every odd-numbered calendar year. If it’s even, then you file in even-numbered calendar years. For example: If your DOT Number is 5555515, you’re required to file in odd numbered years. If your DOT Number is 5555525, you’re required to file in even numbered years. The last number in your DOT number determines what month your biennial update needs to be filed. If your DOT number ends with the number one, you need to file in January. If your DOT number ends with the number two, you need to file in February, and so on. Updates are due no later than the last day of the month in which it’s due. How Do I Update My Biennial MCS-150? If your biennial update is due, or you’ve made any changes to your business since your last filing, you must file your MCS-150 renewal. At Foley, we make the process simple by filing all the paperwork for you. Click here to file your update quickly and accurately today.

Wed. November 27 | 2PM ET

Co-Hosted with American Substance Abuse Professionals

The FMCSA’s seven Behavior Analysis and Safety Improvement Categories (BASICs) each have unique recordkeeping requirements.

One of the many requirements you need to fulfill as a trucking company is creating and maintaining DOT driver files.

A new phase of the FMCSA Drug and Alcohol Clearinghouse is coming this year. It will bring new requirements for companies that rely on CDL drivers.

If you employ drivers to operate commercial vehicles, you must run specific background checks according to federal regulations.

Some of the most important matters to check off your DOT compliance to-do list when you’re starting a trucking company are your permits and registrations.

All CDL and CLP drivers with “prohibited” statuses in the FMCSA Drug and Alcohol Clearinghouse will lose their driving privileges once the new Clearinghouse-II regulation comes into effect.

You must comply with FMCSA Drug & Alcohol Clearinghouse regulations to legally operate your trucking company.

When a commercial driver is enrolled in the DOT return-to-duty process, their employer must report specific information to the FMCSA Drug and Alcohol Clearinghouse. Many employers will be enrolling prohibited CDL/CPL drivers in the RTD process now that the FMCSA Clearinghouse-II is in effect and revoking the commercial driving privileges of drivers with DOT drug and alcohol violations. In this guide, we walk you through the step-by-step process of all the RTD reporting requirements you must meet if your drivers have been impacted by the new Clearinghouse-II.

The 2025 Unified Carrier Registration (UCR) renewal window is now open.

Starting this year, State Driver Licensing Agencies (SDLAs) will revoke commercial driver’s licenses (CDLs) or commercial learner’s permits (CLPs) based on drivers' statuses in the FMCSA Drug and Alcohol Clearinghouse.

When you run queries on your drivers in the FMCSA Clearinghouse, you may see many different statuses produced throughout the process. What are the statuses, what do they mean, and what actions do you need to take for each one?

Your Compliance, Safety, and Accountability (CSA) score is determined by how well your drivers and company represent DOT compliance and roadway safety.

The DOT Clearinghouse has been in effect since January 2020. You’d think by now that everyone would have it figured out, right?

The Federal Motor Carrier Safety Administration (FMCSA) is passing a new regulation in the Drug and Alcohol Clearinghouse this year, known as the Clearinghouse-II.

Due to a new federal regulation coming into effect this year, State Driver Licensing Agencies (SDLAs) will revoke the commercial driver’s licenses (CDLs) or commercial learner’s permits (CLPs) depending on drivers’ statuses in the FMCSA Drug and Alcohol Clearinghouse.

If your drivers and/or vehicles were caught with violations during the International Roadcheck 2024 roadside inspections, your company’s risk for a DOT audit is now higher.

As a text messaging software solution provider, Avochato knows the power of instant communication. They needed the same advanced approach with their hiring process. Foley’s background screening software offered a better solution than their former impersonal, outdated provider.

In this customer video, Bob Hickey talks about how partnering with Foley has helped their business reduce their risk exposure when it comes to compliance and insurance.

Being new to the trucking industry can feel stressful. Especially when 90% of trucking companies fail in the first 12 months.

Conductor finds a nimble and progressive background check partner in Foley, plus a seamless applicant tracking system (ATS). With Greenhouse Software as their ATS, Conductor had already structured and streamlined their hiring process. But Conductor’s background check vendor (one of the largest in the US and arranged through their former parent company) couldn’t deliver the type of candidate experience that adhered to their strong company culture.

In this customer video, Diana Cooley talks about the benefits she has seen with Foley's Drug and Alcohol Testing, Clearinghouse, Audit Risk Monitor, and Customer Support.

Foley's User-Friendly Solution Helps PKS Achieve Total Compliance and Save Time PKS Concrete Pumping Services turned to Foley to streamline their onboarding and compliance processes. With Foley's user-friendly software, PKS achieved total compliance and saved their team hours each week. The software automated tasks such as drug and alcohol testing, driver file management, DOT physicals, and MVR monitoring, making the onboarding process 75% more efficient.

Streamlining Fleet Management and Improving Compliance: Pet Food Experts' Success with Foley Pet Food Experts, a family-owned distributor of pet food and supplies, faced challenges in managing their fleet of 95 drivers. They needed a cost-effective solution that offered more than just compliance and fleet management features.

Foley streamlined compliance and onboarding so AERO BridgeWorks is audit-ready. AERO BridgeWorks started with manual paper files and reviewing a driver file required the team to look through 3–4 separate locations. The team also needed help making sure they were DOT-compliant.

Torc Robotics will be the first company to use a profitable, scalable, commercialized Level 4 autonomous truck solution for over-the-road trucking applications. But don’t let the word “autonomous” fool you.

What gaps or inefficiencies are slowing down your hiring and onboarding processes? Take this quick quiz and find out.

Take our quick assessment to determine your audit risk – as well as what you can do to prepare.

Our quick quiz will walk you through your requirements to make sure you’re running a safe and compliant program.

How much could you save with an MVR Monitoring Program?

Learn what inspectors will be looking for during the CVSA Roadcheck – and whether your company is prepared.

Make sure your driver files are ready for an offsite audit and beyond with our quick compliance quiz.

Are you running risky background checks? Take our short quiz to find out!