FMCSA sets up national drug and alcohol testing clearinghouse for commercial drivers
The US Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) has announced a final rule that establishes a national drug and alcohol clearinghouse for commercial truck and bus drivers. In a statement issued on Friday (2 December) the DOT said that the clearinghouse database will serve as a central repository containing records of violations of FMCSA’s drug and alcohol testing program by commercial driver’s license (CDL) holders.
Once the clearinghouse is established, motor carrier employers will be required to query the system for information concerning current or prospective employees who have unresolved violations of the federal drug and alcohol testing regulations that prohibit them from operating a commercial motor vehicle (CMV). It also requires employers and medical review officers to report drug and alcohol testing program violations.
The final rule requires motor carriers, medical review officers, third-party administrators, and substance abuse professionals to report information about drivers who:
- Test positive for drugs or alcohol;
- Refuse drug and alcohol testing; and
- Undergo the return-to-duty drug and alcohol rehabilitation process.
Additionally, motor carriers will be required to annually search the clearinghouse for current employees, and during the pre-employment process for prospective employees, to determine whether a driver violated drug or alcohol testing requirements with a different employer that would prohibit them from operating a CMV.
US federal safety regulations require employers to conduct pre-employment drug testing and random drug and alcohol testing. Motor carriers are prohibited from allowing employees to perform safety-sensitive functions, which include operating a CMV, if the employee tests positive on a DOT drug or alcohol test.
The national drug and alcohol clearinghouse Final Rule goes into effect on 4 January 2017, with a compliance date of January 2020.
To view the drug and alcohol clearinghouse Final Rule, click on this link: https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-27398.pdf.
