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New Reporting Requirement for Employers of CDL Drivers

December, 19 2008

The South Carolina Department of Motor Vehicles (DMV) has issued a law enforcement bulletin indicating that it will begin enforcing the South Carolina Commercial Driver's License Drug Testing Act's reporting requirements effective January 1, 2009.  The law, which went into effect May 21, 2008, requires employers of CDL drivers to report to the DMV the following:

• applicants or employees for CDL positions who refuse to submit to a drug or alcohol screen;
• applicants or employees whose sample is confirmed positive; and
• applicants or employees who submit altered, diluted or substituted specimens.

The law also requires that CDL employers require the Medical Review Officers (MRO) and Breath Alcohol Technicians (BAT) with which they contract to provide the employers the same information so that the employer can provide it to the DMV.  MROs and BATs must report the information to employer within three (3) business days.  Likewise, employers must report the information to the DMV within three (3) business days of receipt. 

A driver who is reported to DMV for violation of the law is disqualified from operating a commercial motor vehicle until he is assessed by a Substance Abuse Professional (SAP) in accordance with the federal motor carrier regulations and receives certification from the SAP that he has completed a drug or alcohol treatment or education program.  If the driver is disqualified more than three (3) times in a five (5) year period, he is disqualified for life.

Employers, MROs and BATs that fail to make the required reports are subject to a fine of up to $500.00.  If the employer allows a disqualified driver to operate a commercial motor vehicle, the employer is subject to a fine of up to $2,000.00.  The fines do not apply to the State, a state agency or political subdivision.

For more information employers may visit the DMV's web page devoted to this topic by clicking here.  If you have any questions about your organization's obligations with respect to drivers of commercial motor vehicles, you may also contact us.

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