Drug Testing Policy

All tow companies and VSF companies must adopt a drug and alcohol testing policy for testing employees in accordance with Texas Occupations Code §2308.158 and Texas Occupations Code §2303.161.

Choosing a Policy

You can choose from one of three options:

1. Select the TDLR Model Drug Testing Policy (PDF)
2. Choose a TDLR-approved drug testing consortium, or
3. Create your own drug testing policy. Mail, fax, or e-mail a copy of your drug testing policy to us for review and approval.
   • Companies seeking to use an independent policy should submit their policy along with their application materials and state their intention to use an independent policy in a written notice.
   • The filing must describe how the independent drug and alcohol testing policy is at least as stringent as each provision of the model policy provided in 85.725(a) or §86.710(a), respectively.

For more specific information on Drug Testing Policy rules and regulations, please see Section 85.725 and Section 86.710 of the Administrative Rule

General Guidelines

Drug tests given must test for the presence of marijuana, cocaine, amphetamines, phencyclidine (PCP), opiates, and alcohol.

By selecting the TDLR Model Policy (PDF) on your application, you are confirming that your company drug testing policy will follow these general guidelines:

• You must require a pre-employment drug test for each towing operator or employee.
• You must require an annual drug test for each towing operator or employee.
• You must randomly select at least 25% of towing operators or employees for drug testing annually.
• Employees must not engage in the manufacture, sale, distribution, use, or unauthorized possession of illegal drugs at any time.
• Employees must not take or be under the influence of any drugs, unless prescribed by the employee's licensed physician.
• If an employee is convicted of violating a criminal drug statute, they must inform their supervisor within five days of the conviction. If the employee fails to notify the employer, the employee can be fired.
• The company must notify TDLR of the conviction (including pleas of guilty and nolo contendere).
• Before taking a drug test, all employees must sign a drug testing procedures consent form (PDF). This consent form should be kept on company premises at all times. Do not send this form to TDLR.

If you are the sole employee at your own tow company, you are only subject to the pre-employment drug screen and the annual drug screen.

Dual Tow and VSF Company Licensees

If you hold both a towing company license and a VSF company license, both companies must fully and independently comply with the drug testing requirements.

For example, you must perform random drug testing on at least 25% of all the tow operators employed by or under contract with your tow company.

Additionally, you must also perform random drug testing on at least 25% of all the vehicle storage facility employees employed by or under contract with your vehicle storage facility.

Positive Test Results

Pre-Employment Testing

If an applicant fails a pre-employment drug test, they must be denied employment.

Current Employees

Once a positive drug test result has been confirmed, employees must stop all duties and may be subject to disciplinary action, up to and including termination.

In determining the appropriate disciplinary action, the company may consider the employee's work history, length of employment, current work assignment, current job performance, and any past disciplinary actions.

No disciplinary action may be taken against employees who voluntarily identify themselves as drug users, obtain counseling, rehabilitation, and comply with return-to-duty and follow-up drug testing.

Sending Notification to TDLR

If an employee tests positive for drugs, the company must notify TDLR within 3 days of receipt of a confirmed positive test result.

Fax a copy of the confirmed results to (512) 463-2951. The notification must include:

1. Employee name
2. Employee license number
3. Date of the positive test
4. Substance detected by the drug test
5. Disciplinary action imposed.

Please include a cover sheet with your contact information.

It is not necessary to send negative test results to TDLR. Please keep these for your own records.

Notifications to Employees

Employers must display and distribute the following information to their employees:

• Company policy regarding the use of prohibited drugs and/or alcohol
• Consequences or disciplinary action that may be imposed for violating the drug policy
• Informational material on the physical and mental effects of drugs
• An existing community services hotline number, available drug counseling, rehabilitation, and assistance program