FMCSA Proposes National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced a proposed rule to establish a drug and alcohol clearinghouse for all national commercial driver’s license (CDL) holders.
The clearinghouse would help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal drug and alcohol regulations, including mandatory testing.
“Safety is our highest priority, and we will continue to embrace new tools and opportunities that protect the travelers on our nation’s roads,” said U.S. Transportation Secretary Anthony Foxx.
Current federal regulations require employers to conduct mandatory pre-employment screening of a CDL driver’s qualifications based upon his or her driving record. However, there has not been a single federal repository recording positive drug and alcohol tests by CDL holders that employers would be able to search to ensure that the driver is able to perform safety-sensitive duties.
The proposed rule would create such a repository and require employers to conduct pre-employment searches for all new CDL drivers and annual searches on current drivers.
Under the proposed rule announced today, FMCSA-regulated truck and bus companies, Medical Review Officers, Substance Abuse Professionals, and private, third party USDOT drug and alcohol testing laboratories would be required to record information about a driver who:
- Fails a drug and/or alcohol test;
- Refuses to submit to a drug and/or alcohol test; and
- Successfully completes a substance abuse program and is legally qualified to return to duty.
Private, third-party USDOT drug and alcohol testing laboratories also would be required to report summary information annually. This information would be used to help identify companies that do not have a testing program.
Drivers who refuse to provide this information could still be employed by the truck or bus company; however, they could not occupy safety-sensitive positions, such as operating a commercial motor vehicle.
By way of background, it is a violation of federal regulations to drive a truck or bus under the influence of controlled substances or alcohol. Federal safety regulations require that truck and bus companies that employ CDL drivers conduct random drug and alcohol testing programs.
Carriers must randomly test 10 percent of their CDL drivers for alcohol and 50 percent of their CDL drivers for drugs each year.
For each of the past three years, federal and state safety inspectors have conducted approximately 3.5 million random roadside inspections of commercial vehicles and of their drivers.
The proposed rule announced was directed by Congress in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century Act.
Category: General Update
Subscribe
If you enjoyed this article, subscribe to receive more just like it.
