Can an Owner-Operator Be the Only Driver in a Random Testing Pool?

No, not for an FMCSA-regulated owner-operator who is the only driver in the business. Under 49 CFR 382.103(b), an employer who employs only himself or herself as a driver "shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool." The same paragraph states that an employer who employs himself or herself as a driver must meet the Part 382 requirements for both employers and drivers.

The FMCSA definition of C/TPA in 49 CFR 382.107 includes groups of employers that join together to run their DOT testing programs as a single entity, for example with a combined random testing pool. Under 49 CFR 382.305(j)(2), an employer may use a service agent such as a C/TPA to perform random selections, and its covered drivers may be part of a larger random testing pool of covered employees. The employer must make sure the service agent tests at the required rate for the industry and that only covered employees are in the pool.

Under 49 CFR 40.347(b), a C/TPA that combines employees from more than one transportation industry must test at a rate at least equal to the highest rate required by each DOT agency involved, and employees not covered by DOT rules may not be in the same pool.

The minimum random rates are covered in What Are the FMCSA Random Drug and Alcohol Testing Rates?.

Owner-operators can search the TPAs category of the MyDrugTesting.com directory by city, state or ZIP code.