Recently I posted a note regarding farmers and drug testing. I have had a couple of questions and so we went to the source. We contacted the Nebraska State Patrol and here is their answer.
Larry Kopsa CPA
The information is mostly correct. The way that it works is that anyone driving a vehicle that requires a CDL is also required to be in a drug/alcohol testing program.
Normally anyone who drives a vehicle over 26000 lb gross vehicle weight rating (GVWR) for a business (including farms) is required to have a CDL. There is an exemption for farm vehicles operated within 150 mile of the farm. If you drive anything other than a truck-tractor semi-trailer combination you do not need a CDL in that case. The CDL requirements and exemptions can be found on our web site (http://www.statepatrol.nebraska.gov/CDL.aspx).
Part of the federal regulations as adopted in Nebraska law states that any company that operates vehicles which require CDL needs to have a drug/alcohol testing program in place. The federal regulations can be found at http://www.fmcsa.dot.gov/rules-regulations/rules-regulations.htm). Specifically part 382 is the part that talks about this testing.
The best thing to do would be to point anyone with questions to contact the Carrier Enforcement Division headquarters at 402-471-0105.
Let me know if you have any other questions
