Attachment F,GAO-08-0829R Report

United States Government Accountability Office
Washington, DC 20548

June 30, 2008

The Honorable James L. Oberstar
Chairman
Committee on Transportation and Infrastructure
House of Representatives
The Honorable Peter A. DeFazio
Chairman
Subcommittee on Highways and Transit
Committee on Transportation and Infrastructure
House of Representative
Subject: Examples of Job Hopping by Commercial Drivers after Failing Drug Tests
Millions of American drivers hold commercial driver’s licenses (CDL), allowing them
to operate a variety of commercial vehicles, such as school buses, cargo vans, and
tractor trailers. While most commercial drivers do not test positive for drugs and
alcohol, Department of Transportation (DOT) data show that each year from 1994
through 2005, from 1.3 percent to 2.8 percent of truck drivers tested positive for the
presence of illegal drugs under random testing. However, as our recent investigation
shows, the current DOT drug testing process can easily be defeated with products,
such as synthetic urine, that are widely available for sale.1 To help prevent accidents
resulting from commercial drivers who use drugs and alcohol, federal law requires
commercial drivers to be tested for drug and alcohol use.2 Specifically, the testing is
required as part of the preemployment screening process, on a random basis while
employed, and following an accident involving a fatality. Commercial drivers who fail
a drug test, refuse to test, or otherwise violate the drug testing regulations are
required to complete a return-to-duty process before returning to the road. The
return-to-duty process is guided by a substance abuse professional and must include
education or treatment, return-to-duty testing, and follow-up testing.
However, among the commercial drivers who test positive for illegal drugs, an
unknown number continue to drive without completing the required return-to-duty
process. Those who do not go through the return-to-duty process and continue to

1

GAO, Drug Testing: Undercover Tests Reveal Significant Vulnerabilities in DOT’s Drug Testing
Program, GAO-08-225T (Washington, D.C.: Nov. 1, 2007).
2

49 U.S.C. § 31306.

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GAO-08-829R

drive are called job-hoppers.3 A job-hopper tests positive for one carrier; is fired,
quits, or is not hired; and subsequently tests negative on a preemployment test for
another carrier. DOT regulations require that employers—with the applicants’
consent—request the applicants’ drug testing records from previous employers.4
Because they avoid the return-to-duty process and can choose to not disclose their
prior failed drug tests, these commercial drivers could continue to drive and use
drugs. In addition to abstaining from drug use for a short period in order to pass the
second test, a wide variety of available commercial products can mask drug use and
may allow commercial drivers to pass drug tests even as they continue to use illegal
drugs.5
Because of the significant danger of commercial drivers circumventing the return-toduty requirements and driving shortly after a failed drug test, you asked us to identify
illustrative cases of job-hopping commercial drivers based on data that you provided
to us from a third-party administrator.6 Specifically, you asked us, to the extent
possible, to determine (1) the current employment status for selected employees who
passed the drug test after recently failing the test; (2) whether the failed test was
known to the current employer prior to, or after, hiring the individual; and
(3) whether the prior positive test result was disclosed on the application for current
employment.
To address the objectives, we analyzed the drug test results data provided to the
House Committee on Transportation and Infrastructure from a third-party
administrator. We assessed these data for reliability and found them to be sufficiently
reliable for our purposes. The drug test data covered 698 drivers who, within the last
5 years, tested positive for one employer and negative for another employer. In our
analysis of the data, we narrowed the focus and identified 43 cases from the past 2
years where commercial drivers had tested positive for drugs with one employer
then, within 1 month, tested negative with another employer. To develop case studies
that would meet our objectives, we interviewed employers to determine (1) if the
commercial driver is currently employed at the company, (2) if the employer was
aware of the positive drug test prior to or after hiring the commercial driver, and (3)
if the prior positive test was disclosed on the application for current employment. In
addition, we interviewed selected commercial drivers to determine their current
employment status and the circumstances surrounding their drug tests. For these 43

3

There are little data on the number of drivers who complete the return-to-duty process. A director of
the Substance Abuse Program Administrators Association conservatively estimates that less than half
of CDL holders who test positive or refuse to test successfully complete the return-to-duty process
before returning to their jobs. See GAO, Motor Carrier Safety: Improvements to Drug Testing
Programs Could Better Identify Illegal Drug Users and Keep Them off the Road, GAO-08-600
(Washington, D.C.: May 15, 2008).
4

49 C.F.R. § 40.25.

5

In November 2007, we reported that 75 percent of the 24 urine collection sites we tested failed to
restrict access to items that could be used to adulterate or dilute the specimen, meaning that running
water, soap, or air freshener was available in the restroom during the test. See GAO-08-225T.
6

Motor carriers in the United States are responsible for conducting the drug testing of their employees
and can use third-party administrators to help them coordinate the drug tests.

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cases, we also reviewed relevant state department of motor vehicle reports, police
reports, and other public records.
In summary, for all 43 cases, we contacted and informed the employer that the
commercial driver had a previous positive drug test and made inquiries concerning
application and employment information regarding the commercial driver. Employers
for 37 of the 43 identified drivers responded to our inquiry.7 For all 37 of these cases,
the employers stated that the commercial driver did not disclose prior positive test
results. For 19 of the 37 cases, the driver was subsequently hired. The other 18 drivers
were not hired for several reasons, including instances where the previous employer
disclosed the positive drug test when asked by the prospective employer.
We performed our investigative work from March 2008 to June 2008 in accordance
with standards prescribed by the President’s Council on Integrity and Efficiency.
Examples of Commercial Drivers Who Job Hopped after Failing Drug Tests
Using the drug test results data provided by your staff through a third-party
administrator, we identified 43 cases where commercial drivers had tested positive
for illegal drugs, such as cocaine, marijuana, and amphetamines, with one employer
and within 1 month tested negative with another employer. For all 43 cases, we
contacted and informed the employer that the commercial driver had a previous
positive drug test and made inquiries concerning application and employment
information regarding the commercial driver. Employers for 37 of the 43 identified
drivers responded to our inquiry.
Of the 37 drivers for which we received employer responses, our investigations found
that 19 of them were subsequently hired even though the employer stated that a
positive drug test would have disqualified them. As part of their employment, these 19
drivers drove commercial vehicles, including trucks carrying hazardous materials for
periods of 1 month to over 1 year. In fact, several drivers were currently on the road
driving commercial vehicles at the time we contacted the employer. When we
informed employers about the positive tests, the companies quickly terminated the
commercial drivers. For the other 18 cases, the driver did not drive commercial
vehicles for the employer for several reasons, including because a previous employer
disclosed the positive drug test or the driver did not complete the orientation
process.
In addition, as part of our investigation, we were able to interview 12 of these 37
commercial drivers to determine their current employment status and the
circumstances surrounding their drug tests. In these discussions, we found that none
of these 12 drivers, after being notified of failing their drug test, had undergone an
evaluation by a Substance Abuse Professional (SAP) before applying for a new job.8
7

The employers for the other 6 cases did not respond to our inquiry or stated that they did not have
application information regarding the commercial driver.

8

One commercial driver did state that he subsequently complied with the requirement of a Substance
Abuse Professional evaluation. The commercial driver said that he went through this program because
the employer subsequently found out about the prior positive test for drugs.

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In fact, only 7 of these commercial drivers indicated they were aware that such an
evaluation was required.
The following provides more detailed examples from several of the cases we
investigated.

9

•

Case 1: A Texas truck driver tested positive for marijuana on June 10, 2007.
The driver then applied for employment at a neighboring company
approximately 2 weeks later. His first preemployment test was inconclusive
because of an invalid sample. The truck driver subsequently tested negative
for drugs in a second preemployment test9. After passing the second
preemployment test, the driver was employed by the company hauling general
freight. A company official stated the company was unaware that the driver
had failed a previous drug test because the driver did not disclose it on his
employment application. The truck driver was fired after we notified the
company of the positive drug test.

•

Case 2: On October 29, 2007, an Oklahoma truck driver tested positive for
marijuana. The driver subsequently passed his preemployment drug test for
another company 9 days later10. The driver stated that he “took appropriate
measures to clean his system before applying at the second employer”. A
company official stated that the company was unaware of the prior drug test
and that the driver had been employed for a couple of months but was no
longer working for the company. The driver stated that he is not currently
driving commercial vehicles.

•

Case 3: On May 14, 2007, a Tennessee truck driver tested positive for cocaine.
The commercial driver passed a preemployment drug test for a second
company 8 days later11. Prior to his drug tests, the driver was charged with
possession of a controlled substance. According to the employer, the driver
was employed at the company for several months driving trucks containing
cargo and hazmat material. The employer indicated that the driver is no longer
employed at the company.

•

Case 4: A Georgia truck driver tested positive for marijuana on March 5, 2007.
About 3 weeks later, the driver passed the preemployment drug test for a
second company12. The driver was employed by the company for about 7
months driving a truck containing cargo and hazmat materials. According to a
company official, the company would not have hired the truck driver if
officials were aware of the prior drug test because it is the company’s policy
not to hire a driver who has failed a drug and alcohol test within the past 5

Date of negative drug test for Case 1 is July 3, 2007.

10

Date of negative drug test for Case 2 is November 7, 2007.

11

Date of negative drug test for Case 3 is May 22, 2007.

12

Date of negative drug test for Case 4 is March 27, 2007.

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years. According to the employer, the driver is no longer employed at the
company.
•

Case 5: On July 12, 2006, a Michigan commercial driver tested positive for
cocaine. The driver passed the preemployment drug test for a second company
9 days later,13 but was not subsequently hired by company because, according
to a company official, he did not meet the company’s qualifications. Prior to
his drug tests, the commercial driver was responsible for a truck accident in
which he tested positive for cocaine. The commercial driver also pled guilty to
operating/allowing intoxicated person to operate a motor vehicle in 2007.

The table in enclosure I provides a description of the other 38 cases that we
investigated.
On May 30, 2008, we briefed the DOT officials on the results of our investigation. We
informed the officials that GAO notified the employers for all 43 cases of drivers with
prior positive drug tests.
----As agreed with your offices, unless you publicly release its contents earlier, we plan
no further distribution of this report until 30 days from its date. At that time, we will
send copies of this report to the Secretary of Transportation. We will make copies
available to others upon request. In addition, the report will be available at no charge
on the GAO Web site at http://www.gao.gov.
Please contact me at (202) 512-6722 or [email protected] if you have any questions
concerning this report. Contact points for our Offices of Congressional Relations and
Public Affairs may be found on the last page of this report. Key contributors to this
report include Matthew Valenta, Assistant Director; Paul DeSaulniers; Wendy Dye;
Olivia Lopez; and Philip Reiff.

Gregory D. Kutz
Managing Director
Forensic Audits and Special Investigations

Enclosure – I

13

Date of negative drug test for Case 5 is July 21, 2006.

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GAO-08-829R

Enclosure I
Commercial Drivers Who Failed, Then Passed, a Drug Test
In the letter, we provided detailed information for 5 cases. This enclosure presents summary
information on the results of our investigation for the other 38 case studies. Table 1 summarizes the
results of our analysis of the drug test results from a third-party administrator and our interviews
with employers and selected commercial drivers for these 38 cases.
Table 1: Commercial Drivers Who Failed Drug Tests and Subsequently Passed Drug Tests
within 1 Month
Case

Driver
location

Drug(s)

Positive
drug test
date

Negative
drug test
date

Description

•
•
•
•

6

CO

Marijuana

July 24, 2006

July 31, 2006
•

•
•
•
7

TN

Marijuana

July 2, 2007

July 23, 2007

•
•
•

8

TX

Marijuana

August 6,
2007

August 13,
2007

•
•

Page 6

Did not disclose the positive drug test on the
employment application.
Admitted that his commercial driver’s license
(CDL) was revoked in 1985 for driving under the
influence of alcohol.
Carried general commodities for about 9 months.
Stated that he was not notified of the positive
drug test. Driver stated that his doctor’s office
left a message but he thought it was a general
solicitation and did not return the call. Driver
stated that he assumed the company for which he
tested positive for drugs did not hire him because
of a medical condition.
Stated that several months after he was hired, he
was stopped at a weigh station 1,300 miles from
home. He stated that he was informed that he
could no longer drive because he had not
completed the required Department of
Transportation substance abuse professional
(SAP) evaluation.
Claims no longer drives commercial vehicles.
Did not disclose positive drug test on the
employment application.
Drove truck carrying general freight for about 2
months.
Told GAO investigators that he was told to take
substance abuse classes, but he refused to take
“them because he does not take drugs.”
Stated that he is currently employed driving a
truck for another company.
Did not disclose the positive drug test on the
employment application.
Stated that he maintains his CDL but cannot find
employment because of his positive drug test.
Said he was not aware that he must complete the
SAP evaluation requirement.

GAO-08-829R

Enclosure I
Case

Driver
location

Drug(s)

Positive
drug test
date

Negative
drug test
date

Description

9

TX

Marijuana

April 15, 2007

May 3, 2007

TX

Amphetamine
and
methampheta
mine

October 23,
2006

October 31,
2006

August 15,
2006

•

July 11, 2007

•
•

•
•
10

11

TN

Cocaine

August 7,
2006

12

TN

Marijuana

July 2, 2007

13

MI

Marijuana

July 31, 2006

14

MI

Cocaine

15

WI

Cocaine

July 16, 2007
November 14,
2006

August 4,
2006
July 30, 2007
November 28,
2006

October 13,
2006

October 30,
2006

October 22,
2007
February 11,
2008

November 18,
2007
February 20,
2008

•

Drove dry van that carried general freight for
about 2 months.

•

Was not hired for reasons unrelated to the
positive drug test.
Charged with driving under the influence and
speeding in 2007.
Convicted of possession of hashish in 1989.
Transported general freight and various
hazardous materials for over a month.

•

Was not hired for reasons unrelated to drug test.

•
•

Drove dry van for about 9 months.
Was not hired because previous employer
notified company of positive drug test.
Did not disclose positive drug test on the
employment application.
Was not hired because previous employer
notified company of positive drug test.
Transported general commodities and various
hazardous materials for about 5 months.

•
16

MD

Marijuana

17

IL

Marijuana

18

FL

Cocaine

19

CA

Cocaine

March 19,
2007

April 10, 2007

Cocaine

August 16,
2006

September 5,
2006

•
•
•

Was not hired without explanation.

•

Was not hired because his previous employer
notified company of positive drug test.
Stated that he is not currently driving.
Had multiple arrests and convictions related
controlled substances.
Did not disclose the positive drug test on the
employment application.
Was not hired because his previous employer
notified company of positive drug test.
Admitted knowledge of his positive drug test but
claimed he was never offered, and did not take,
any substance abuse classes.
Has worked for a city government as a
commercial driver for over a year.
Did not disclose positive drug test on the
employment application.
Stated that he did not have a SAP evaluation
because he was unaware it was required.
Currently driving a dump truck.
Stated that he is attempting to get a job driving a
tractor trailer.
Charged in 2007 with possession of a controlled
dangerous substance and was later adjudicated
through pretrial intervention.

•
•
•

20

NY

•
•

21

NY

Cocaine

January 16,
2007

February 5,
2007

•
•
•

22

NJ

Cocaine

December 4,
2006

December 27,
2006

•
•
•

Page 7

Did not disclose the positive drug test to the
employer.
Drove tractor trailer for the company for 1 week.

GAO-08-829R

Enclosure I
Case

Driver
location

Drug(s)

Positive
drug test
date

Negative
drug test
date

Description

•

23

PA

Marijuana

July 23, 2007

August 13,
2007

•
•

24

SC

Cocaine

25

SC

Marijuana

26

NC

Cocaine

January 15,
2007

January 29,
2007

August 20,
2007
August 5,
2007

September
10, 2007
August 28,
2007

•
•
•
•
•

27

28

29

30

OH

Marijuana

July 5, 2006

July 12, 2006

IN

Cocaine

August 24,
2007

August 29,
2007

NV

Amphetamine
and
Methampheta
mine

December 27,
2006

January 15,
2007

Cocaine

January 22,
2007

January 30,
2007

July 31, 2006

August 28,
2006

AR

•
•
•
•

AR

Marijuana

AR

Marijuana

May 14, 2007

May 21, 2007

•

Transported general commodities and various
hazardous materials for about 6 months.
Was previously charged with controlled
substance abuse in 2002.
Did not disclose the positive drug test on the
employment application.
Was not hired because his previous employer
notified company of positive drug test.
Transported refrigerated and nonhazardous
goods for about 1 year.
Did not disclose positive drug test to the
employer.
Stated that he is seeking to take the SAP
evaluation but the program is too expensive.
Did not disclose the positive drug test on the
employment application.
Transported refrigerated and dry goods for 2
months.
Transported refrigerated and nonhazardous
materials for about 3 months.
Transported commodities for about 1 month.
Was terminated after testing positive for drugs
during a random drug test.

•

•

•
•
•

33

GA

Cocaine

January 28,
2008

34

MS

Marijuana

December 6,
2006

January 3,
2007

35

LA

Cocaine

February 11,
2008

March 6, 2008

Page 8

February 5,
2008

Was not hired because his previous employer
notified company of positive drug test.
Transported refrigerated and nonhazardous goods
for nearly 10 months.
Was fired after company was notified of prior
positive drug test.
Claims is currently operating a tow truck.
Claims that he completed SAP evaluation.
Was previously charged with controlled
substance abuse in the 1980s.
Transported nonhazardous materials for about 2
months.

•
32

Was not hired without explanation.

•

•
31

Did not disclose positive drug test on the
employment application.
Claimed the company notified him of a positive
drug test only because the company did not want
hire him due to a physical disability.
Claims that is currently driving a commercial
vehicle.
Transported general freight for 3 months.
Stated that he gave up his CDL because SAP
classes too costly.

•
•
•
•

GAO-08-829R

Enclosure I
Case

Driver
location

Drug(s)

Positive
drug test
date

Negative
drug test
date

Description

•

36

37

LA

TX

Cocaine

Cocaine and
marijuana

January 10,
2007

January 29,
2007

July 31, 2006

August 29,
2006

•
•
•
•

38

GA

Cocaine

October 2,
2006

October 9,
2006

•
•
•

39

IA

Marijuana

March 14,
2008

40

SC

Marijuana

July 6, 2007

41

NJ

Marijuana

42

SC

Cocaine

43

AL

Cocaine and
marijuana

March 31,
2008

September
18, 2006
September
18, 2006

August 2,
2007
October 10,
2006
September
25, 2006

July 12, 2006

July 17, 2006

•
•

Did not disclose the positive drug test on the
employment application.
Was not hired because his previous employer
notified company of positive drug test.
Drove commercial vehicle for another company
in March 2007, according to commercial vehicle
inspection data.
Was not hired because his previous employer
notified company of positive drug test.
Arrested for possession of 2 grams of cocaine in
1996.
Convicted of driving with a suspended or revoked
license in 1990, 1999, and 2006.
Did not complete the application process.
GAO was not provided any information from
employer.
Was approved by state to transport hazardous
materials 1 month prior to positive drug test.
Did not have application information regarding
the commercial driver.

•

Did not complete the application process.

•

Did not complete the application process
because driver failed road test.
GAO was not provided any information from
employer.

•

Source: GAO.

(192287)

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GAO-08-829R

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