Motorcoach operators who ignore federal drug and alcohol regulations for their drivers are headed for big trouble, warn industry experts.

Not only do such operators subject themselves to possible fines from safety enforcement officials, but they put their passengers at greater risk of being in an accident.

"Operators would be naïve to assume they can avoid utilizing the services of drivers without proper drug and alcohol screening and avoid a tragic accident," asserts Ken Presley, vice president of Service Insurance Agency.

Presley says passenger safety is compromised every time someone gets behind the wheel of a motorcoach owned by a company that is not abiding by the testing programs mandated by Federal Motor Carrier Safety Administration and the Federal Transit Administration.

Bob Crescenzo, vice president of safety for Lancer Insurance Co. and a national expert on drug and alcohol compliance issues, agrees. Crescenzo says operators actually are "inviting" trouble when they ignore the rules.

"Is there a better place for a drug-addicted driver to find a job driving a motorcoach than an operator who ignores the regulations?" he asks.

Drug and alcohol rule violators and violations are on the increase, reports Brad Watkins, project manager for Consolidated Safety Services and a recognized authority on safety and compliance issues.

A key reason for the rise, he suggests, is that too many operators are handing over their testing responsibilities to third-party administrators and then not following up to assure the testing company is doing what it is supposed to do. "Many companies that attempt to administer drug and alcohol testing simply don't know the rules," says Watkins.

Many other operators - usually smaller companies - simply don't understand the rules or don't want to spend the money needed to comply with them, says Crescenzo. "Most small companies have never had a DOT audit, and consequently there is a lack of interest in complying with regulations," he adds. "Some operators simply avoid any services that cost money to implement.

The rules require that commercial vehicle drivers undergo a pre-employment drug test before being allowed to get behind the wheel of a motorcoach. If they test positive, they remain unqualified until they have been evaluated by a substance abuse professional, followed a treatment plan, and tested negative on a subsequent test.

The pre-employment testing applies to part-time drivers and those who are used only sporadically. However, those who work for two companies need take only one pre-employment test.

In addition to the initial testing, drivers must submit themselves to random testing from a pool of drivers. The pool can include a group of drivers from the same company or a consortium of drivers from several companies.

"It is important to recognize that random selection means every driver has an equal chance of selection, and it is possible that a driver might be selected and tested more than once in the calendar years," said Crescenzo.

Special circumstances can cause special problems.

For example, drivers who work part time, but are not used for many months and are dropped from the random pool, are required by federal rules to take another pre-employment test before they can start driving again. "If the driver had remained in the random pool, even if he was not selected, he would have been qualified to drive (without the pre-employment test)," Crescenzo noted.

Additionally, the rules can be somewhat confusing because there are two sets of rules motor carriers need to be aware of - FMCSA rules found in Part 382 and FTA rules found in Part 655 and 2.

If a carrier operates a transit-type run that is funded in any manner by the federal government, it must follow FTA rules. If not, then FMSCA rules apply. Under the FTA rules, mechanics, dispatchers and supervisors may be considered as performing a safety-sensitive position and require drug testing. The FMSCA rules, however, require testing only for those who operate vehicles that require a commercial driver's license.

A consortium run by a third-party administrator probably is the best way for an operator to maintain a compliant drug-testing program, according to the experts.

However, the contracted administrator should be a full-service provider and offer services that include regular drug and alcohol testing, filing of regular reports on testing activities, updating of the random list, notification of random selections and development of an annual summary report. Operators should monitor the performance of such a service if they use it.

"A consortium representative should be able to communicate with auditors, as necessary, to document the services provided to the operator," said Crescenzo.

The rules also require carriers to select a management person who is able to identify drivers who might be using drugs or alcohol, who then would have to take "reasonable suspicion" drug or alcohol tests. The "spotter" must take a two-hour training course that identifies the signs of drug and alcohol abuse.

The experts maintain that the key to being successful in following the rules is to know the rules.

"Work with local and national associations for support and information," offered Crescenzo. "Compliance is never easy, but it is always important."

Watkins said there is a great deal of information available from insurance companies, consultants and others and operators should take advantage of the learning tools available to them. "Ignorance is not bliss," he added.