On-Line database will make it difficult to conceal violations…
Employers, FMCSA, State Driver Licensing Agencies, and State law enforcement will soon be able to access an online database to identify drivers who are illegally operating commercial motor vehicles due to drug and alcohol program violations. Beginning this fall, users can create an account and on January 6, 2020, the Clearinghouse will become operational and mandatory.
Benefits of the Clearinghouse:
• Make it easier for employers to meet their pre-employment investigation and reporting.
• Make it difficult for drivers to conceal their drug and alcohol program violations.
• Roadside inspectors and enforcement personnel will be able to ensure drivers receive required evaluation and treatment before performing safety-sensitive functions, such as driving a CMV.
• Make it easier for FMCSA to determine employer compliance.
The Clearinghouse will contain violations, such as:
• Positive test for use of specified drugs.
• Alcohol use within eight (8) hours of a post-accident alcohol test.
• Refusing to submit to required drug/alcohol test.
• Alcohol use while performing or within 4 hours of performing a safety-sensitive function.
• Report for duty/remain on duty for safety-sensitive function with alcohol concentration of 0.04 or greater or while using any drug specified in the regulations other than those prescribed by a licensed medical practitioner.
Who will use the Clearinghouse:
Employers: To report drug and alcohol violations and check that no current or prospective employee is banned from performing safety-sensitive functions, such as operating a CMV, due to a drug and alcohol program violations for which a driver has not successfully completed a Return-to-Duty (RTD) process.
CDL Drivers: To view their record, provide consent to current or prospective employers to access details about any drug and alcohol program violations, and select a Substance Abuse Professional, if needed.
Medical Review Officers: Report verified positive drug test results and test refusals.
Substance Abuse Professionals: Report RTD initial assessment and eligibility status for RTD testing.
Consortium/Third-Party Administrators: On behalf of an employer, report drug and alcohol program violations and perform driver queries as required.
State Driver Licensing Agencies: Query the Clearinghouse prior to completing licensing transactions.
For more information about this and other FMCSA rules and regulations, contact us.