7/10/2008 - South Carolina Passes a Drug Free Trucking Act

The South Carolina Governor signed the South Carolina Commercial Driver’s License Drug Testing Act on May 21, 2008 with the effective date being the same.

Summary of the act:

1. All MRO and breath alcohol technicians under contract by the employer must report within three business days to the employer the following:

a. a verified positive drug test or positive alcohol confirmation test of an employee or applicant;

b. a refusal by an employee or applicant to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. 40; or

c. the submission of an adulterated specimen, a diluted positive specimen, or a substituted specimen by an employee or applicant.

1. All employers must report to the South Carolina DMV within 3 business days the above violations that were reported to them by the MRO and/or breath alcohol technician.
2. Any employer, MRO or breath alcohol technician that knowingly fails to report the violations is subject to a fine of up to $500.00.
3. An employer who employs a person in a safety sensitive function when the employer knows the employee is disqualified from driving a commercial motor vehicle pursuant to Section 56‑1‑2110(G) of the Act is subject to a fine of up to $2000.00.
4. There are specific disqualifications and time limits for the revocation of the commercial driver’s license for the CDL driver who has a violation that ranges from 60 days to life.

Note: There is no specific reporting form on the South Carolina DMV web-site to date. As soon as one is available, a new notice will be sent with the link to download the required form.

For a complete version of the act go to:

http://www.scstatehouse.net/sess117_2007-2008/bills/880.htm

<-- Go Back