California Positive DOT Drug Test Reporting 2009

(1) FMCSA Drivers

Regulation: California V.C. 34520 - positive FMCSA-authorized drug test "summaries" – notification (e.g., test date, reason for test, drug detected) without identifying the driver or motor carrier
“(c) Any drug or alcohol testing consortium, as defined in Section 382.107 of Title 49 of the Code of Federal Regulations, shall mail a copy of all drug and alcohol positive test result summaries to the department within three days of the test. This requirement applies only to drug and alcohol positive tests of those drivers employed by motor carriers who operate terminals within this state.”
Who Reports: Consortium
When: Within 3 days of positive test
How: Mail or Fax
To: California Highway Patrol, Commercial Vehicle Section, P O Box 942898,
Sacramento, CA 94298-0001
Re: Notice of Positive Urine Drug Test on CDL Holder Code: 34520 (c)
This letter will serve as notice to the California Highway Patrol that on October 11, 2007, a Commercial Driver License holder voided a breath/urine specimen, which produced a positive drug test result for ALCOHOL/MARIJUANA. The test type reason was: RANDOM
Sincerely,
ARCpoint Consortium
Note: California originally planned to maintain a database of positive drug test results. However, no such database was developed. For compliance with the law, consortia must report positive drug tests, but without names.
(2) School Bus Drivers, School pupil activity bus, Youth bus, General public paratransit vehicle, Vehicle used for the transportation of developmentally disabled persons.
Regulation: California DMV V.C. 13376(b)(3) positive or refusal FMCSA-authorized drug tests conducted on drivers of school buses and vehicles to transport developmentally disabled people
“(3) The carrier that requested the test shall report the refusal, failure to comply, or positive test result to the department not later than five days after receiving notification of the test result on a form approved by the department.”

Who Reports: Employers (DMV Form DS 334, “Positive Controlled Substance Test Result Report”) http://www.dmv.ca.gov/forms/ds/ds334.pdf

When: Within 5 days of receiving the test result

How: Mail the DS 334:
To: DMV, Driver Safety Actions Unit, Attn: MS-J256 Special Certificate, PO Box 187010-7010, Sacramento, CA 95818-7010; and submit a copy to your local California Highway Patrol Area Office, Attn: School Bus Office/Coordinator

Note: California revokes the driver's certificate for three years unless the driver complies with the DOT return to duty process.

Questions or comments?
John Lipp
email Jlipp@accudiagnostics.com