Chicago Accident Lawyer Blog
The truck accident lawyers of Zneimer & Zneimer P.C. recognize the devastating personal injuries that can result from trucking accidents. To make the roads safer, truck drivers and trucking companies are responsible for complying with the rules of the road and federal regulations. Every truck driver who holds a commercial driver’s license (CDL) and operates in interstate commerce is subject to the Department of Transportation’s strict testing rules. These rules are not suggestions; they are federal safety mandates designed to keep impaired drivers off the road.
Drivers must undergo drug and alcohol testing in specific circumstances: before employment begins, after certain accidents, randomly during employment, when reasonable suspicion exists, and before returning to duty after a violation. Only urine and oral fluid specimens tested in HHS-certified laboratories are allowed for drug testing. Quick “instant tests,” hair testing, or unapproved methods are not authorized under federal law.
If a driver tests positive or refuses to test, federal law requires immediate removal from safety-sensitive duties such as operating a commercial vehicle. A driver cannot return to work until completing an evaluation with a Substance Abuse Professional, following prescribed treatment or education, and passing a return-to-duty test. Even after returning, the driver will face a rigorous schedule of follow-up testing for years
In short, a driver must understand that the system is unforgiving: one failed test or refusal does not just mean a temporary suspension—it can derail a trucking career if federal steps are not followed to the letter.
What Trucking Companies and Commercial Carriers Must Do
Carriers and trucking companies bear equally heavy responsibilities. The law requires them to act as guardians of safety, not passive participants.
Employers must maintain strict recordkeeping of all test results. Verified positives, refusals, Substance Abuse Professional reports, and follow-up testing schedules must be kept for at least five years. Even negative test results must be stored for one year. These records must be readily accessible and available to DOT or FMCSA inspectors within two business days
Each company must designate a Designated Employer Representative (DER)—an individual with authority to immediately remove drivers from duty if a violation occurs. A service agent cannot serve in this role; it must be someone directly tied to the company
Carriers also have a duty to report violations. If a CDL driver refuses or fails a test, the employer must provide that information to state licensing authorities. This reporting ensures that problem drivers cannot simply move to another company without their violations following them.
Employers who fail to maintain compliance can face federal enforcement actions. Even minor testing errors—such as failing to use the correct form or mishandling a specimen—can trigger penalties if they jeopardize the integrity of the process.
These regulations exist because the stakes are so high. An impaired truck driver behind the wheel of an 80,000-pound rig poses an immediate danger to everyone on the road. By holding both drivers and companies accountable, the law creates a layered defense: drivers are tested, companies must enforce testing, and federal inspectors audit compliance.
When carriers cut corners or drivers try to evade the system, crashes happen, and people get hurt. The truck accident lawyers of Zneimer & Zneimer P.C. use these regulations to hold trucking companies accountable when their negligence leads to devastating collisions.