# Foley Carrier Services

## About

FMCSA-registered C/TPA helping 45,000+ U.S. carriers with DOT drug testing, driver qualification files, MVR monitoring, background checks, and compliance management since 1992.

- Founded: 1992
- Verified: Yes

## Services

### DOT Compliance
- [DOT Drug Testing Program](https://bilarna.com/services/dot-compliance/dot-drug-testing-program)

## Frequently Asked Questions

**Q: What is the FMCSA 50% random drug testing rate and how does it work?**
A: The FMCSA requires that motor carriers subject to DOT drug testing conduct random drug tests on at least 50% of their average number of driver positions each calendar year. This minimum annual percentage rate is set by the Department of Transportation based on industry-wide random testing data. Carriers must perform random tests in a truly unpredictable manner, with the selection spread reasonably throughout the year, typically through quarterly drawing schedules. The 50% rate applies to drug testing; alcohol testing has a separate minimum rate of 10% of average driver positions. Carriers must also submit an annual MIS report to the FMCSA detailing their random testing results. Failure to meet the required rate or follow proper random selection procedures can lead to fines and non-compliance findings during audits.

**Q: What happens when a CDL truck driver fails a DOT drug test?**
A: When a CDL driver fails a DOT drug test, the employer must immediately remove the driver from all safety-sensitive functions. The next step is to refer the driver to a Substance Abuse Professional (SAP) for a comprehensive evaluation. The SAP assesses the driver's substance use disorder and recommends a prescribed course of education and, if necessary, treatment. Once the driver successfully completes the SAP's recommended program, the SAP conducts a follow-up evaluation to determine if the driver is ready to return to duty. If cleared, the driver must pass a return-to-duty drug test with a verified negative result. After reinstatement, the driver is subject to unannounced follow-up testing for a duration determined by the SAP, which may last up to five years. Every step must be documented in the driver's qualification file, and the failed test must be reported to the FMCSA Drug and Alcohol Clearinghouse. Failure to follow this complete process can result in continued non-compliance and penalties.

**Q: What are the DOT drug and alcohol testing recordkeeping requirements?**
A: Under 49 CFR §382.401, motor carriers must maintain records of all drug and alcohol testing for safety-sensitive employees. The required retention periods vary: negative test results must be kept for at least one year, while positive test results and refusals to test must be retained for five years. Records related to the return-to-duty process, including SAP evaluations, follow-up testing plans, and the return-to-duty test results, also require a five-year retention period. Additionally, carriers must keep training records for supervisors who conduct reasonable suspicion training. When records are missing or incomplete during a DOT compliance audit, the carrier may be cited for non-compliance, which can lead to fines, penalties, or even an out-of-service order. Proper recordkeeping is essential for demonstrating ongoing compliance and for audit defense. Carriers are also required to make these records available to FMCSA investigators upon request.

## Links

- Profile: https://bilarna.com/provider/goodegg
- Structured data: https://bilarna.com/provider/goodegg/agent.json
- API schema: https://bilarna.com/provider/goodegg/openapi.yaml