On May 21, 2008 the South Carolina Governor signed the South Carolina Commercial Driver’s License Drug Testing Act with the effective date being the same - #370 - 07-10-08 – South Carolina Passes a Drug Free Trucking Act.
Summary of the Act:
- All MRO and breath alcohol technicians under contract by the employer must report within three business days to the employer the following:
- A verified positive drug test or positive alcohol confirmation test of an employee or applicant
- 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
- The submission of an adulterated specimen, a diluted positive specimen, or a substituted specimen by an employee or applicant
- 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.
- Any employer, MRO or breath alcohol technician that knowingly fails to report the violations is subject to a fine of up to $500.00.
- 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.
- 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.
There is no specific reporting form on the South Carolina DMV web site to date.
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