Are you ready for the drug and alcohol clearinghouse? The trucking industry has been trying to get a clearinghouse put into place for a long time. Now, in 2020, the FMCSA is ready to put one in place. The inconsistency between state and federal approaches made for a big headache. The FMCSA may have just made a way around that. <\/p>\n\n\n\n
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Trucking lobby groups like the American Trucking\nAssociations (ATA) have been calling for a national clearinghouse of positive\ntest results for the past 30 years. Then, in 2016, the FMCSA published a final\nrule to set up a clearinghouse. The compliance date set for the program was\n2020. The main reason it has taken this long relates to the bureaucratic\nprocess. <\/p>\n\n\n\n
Positive test results as reported by the agency itself stand\naround 2% or lower. Some believe those numbers might be higher. Whether it be\nthe ongoing opioid crisis or legal marijuana in many states, that number could\nbe undershot. Some independent labs are reporting much higher positives for\nthose working in the transportation and warehousing sectors. <\/p>\n\n\n\n
Fleets who use hair testing in pre-employment drug tests are\nreporting an increase in cases. Some advocacy groups, such as the Alliance for\nDriver Safety & Security require their fleet members to use hair testing\nfor pre-employment. While many argue that urine testing is fine, hair testing\nprovides a longer detection window. Some numbers show nine times more people\nfailing hair tests than urine tests alone. <\/p>\n\n\n\n
Hair testing will not be a part of the drug and alcohol\nclearinghouse. To learn more about the new rulemaking and get answers to your\nfrequently asked questions, the FMCSA has setup a website. Simply click or tap here<\/a> to view it. <\/p>\n\n\n\n The Full Program Details<\/strong><\/p>\n\n\n\n Beginning sometime in October or November, the FMCSA will be\nletting users establish an account through the system. The system is set to go\noperational on January 6, 2020. It could be that, depending on progress, the\nagency could seek an extension to this deadline. It would not be the first time\nsomething like that would have happened. <\/p>\n\n\n\n The clearinghouse is essentially a database used to track commercial driver\u2019s license holders who have tested positive for a prohibited drug or alcohol in their system. If a truck driver refuses to take a test, this would also be documented in the system. Full return-to-duty processes are outlined by the FMCSA and any information related to it would also be stored in the clearinghouse. <\/p>\n\n\n\n [wp_ad_camp_2] <\/p>\n\n\n\n <\/p>\n\n\n\n When registering for the system, you must use your D.O.T. number.\nMake sure you do not use your Employee Identification Number (EIN). If you want\nmultiple users in the system, you must outline and authorize these users on an\nannual basis. <\/p>\n\n\n\n The information you are required to put into the\nclearinghouse includes any Part 382 drug and alcohol violations. If the truck\ndriver has already violated and is returning to duty, their return-to-duty\nsteps must be documented. Violation information will begin to be documented on\nor around January 5th<\/sup>, provided there are no extensions. <\/p>\n\n\n\n If you are a commercial truck driver, motor carrier,\nthird-party company or otherwise, you must register in the system. While the\nFMCSA has authorized a three-year delay for state licensing agencies to comply,\neveryone else will go forward on the deadline. Motor carriers will be compelled\nto report violations of Part 382 of the FMCSRs. <\/p>\n\n\n\n All records will remain in the clearinghouse until the\nreturn-to-duty cycle is complete and five years have passed since the\nviolation. The FMCSA archives all entries, so a truck driver\u2019s information is\nnever truly deleted. The best way for one to avoid that situation is to not\nviolate the rule. <\/p>\n\n\n\n Clearinghouse Queries Explained<\/strong><\/p>\n\n\n\n The FMCSA has outlined two types of queries: full and\nlimited. Fleets are required to conduct a full query before the truck driver is\never brought on board. Any violations and return-to-duty information will be\ncontained in a full report. Still, the truck driver must log in and give their\nconsent before the motor carrier queries their records. <\/p>\n\n\n\n Some fleets worry this step may slow down the hiring\nprocess. At the minimum, it presents additional operational challenges to\nsolve. In addition to the pre-employment full query, trucking companies will\nalso need to put a process into place to complete a limited query once a year.\nThe limited query simply asks if there is a record of the truck driver in the\ndatabase. If something new is in the database, a full query must be requested. <\/p>\n\n\n\n Fleets will have to get consent from truck drivers for\nlimited queries, but not for all of them. A motor carrier has the option to add\npre-employment consent paperwork asking for consent to check on other aspects\nof their employment, such as criminal records or MVRs. <\/p>\n\n\n\n For the initial three years after the rule goes into effect,\nfleets must still check with a potential truck driver\u2019s previous employer and\nget their most recent drug-testing information. They must go back at least\nthree years. Motor carriers will also be required to update their drug and\nalcohol testing information and policies to align them with the clearinghouse\nrequirements. <\/p>\n\n\n\n As many already know, clearinghouse queries are not free.\nEmployers will be able to purchase query bundles. The amount depends on the\nnumber of queries the motor carrier expects to ask for. <\/p>\n\n\n\n Fortunately, fleets can get help in meeting these\nrequirements. The FMCSA made the decision to give third-party providers a seat\nat the table. Authorized service agents will be allowed to report violations\nand conduct queries on behalf of fleets they work for. When a fleet registers,\nthey must declare who their clearinghouse service agent is. If you change\nagents, you have 10 days to update the clearinghouse.<\/p>\n\n\n\n So, What\u2019s the Cost?<\/strong><\/p>\n\n\n\n Of course, what every fleet executive wants to know is,\nwhat\u2019s the cost? The flat per-query rate is $1.25. That goes for both limited\nand full queries. Depending on the business requirement, you can get custom\nbundles to fit your business. <\/p>\n\n\n\n Once you purchase a query, it never expires, so you have a\nlong time to use it as needed. You can also purchase more queries on an\nas-needed basis. When it comes to original queries, the fleet must purchase\nthem, not the third-party agent. Third-party service providers will not be\nallowed to buy initial query bundles. <\/p>\n\n\n\n That may be the financial cost, but there is a time cost as well. You really should have many steps already completed by the end of the Q4, 2019. First, you want to make sure you train anyone involved with obtaining the clearinghouse background checks. A process will need to be put into place for dual inquiries. <\/p>\n\n\n\n [wp_ad_camp_2] <\/p>\n\n\n\n <\/p>\n\n\n\n Since you cannot forget about the annual limited query, you\nwill want to set up a tickler or department-wide calendar reminder to ensure\nthose records are pulled every year. Above all, you will need to sign up for\nmotor carrier access to the clearinghouse itself. You will have team member\nhandling inquiries, truck driver authorization forms, records, and specific\nactions. <\/p>\n\n\n\n Similarly, truck drivers need to know their rights and\nresponsibilities. If a truck driver changes companies, they will have to\nregister their permission for their new employer to query their information.\nTruck drivers that are clean, sober, long-time truck drivers may need to access\nthe clearinghouse themselves. <\/p>\n\n\n\n