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.
Trucking lobby groups like the American Trucking Associations (ATA) have been calling for a national clearinghouse of positive test results for the past 30 years. Then, in 2016, the FMCSA published a final rule to set up a clearinghouse. The compliance date set for the program was 2020. The main reason it has taken this long relates to the bureaucratic process.
Positive test results as reported by the agency itself stand around 2% or lower. Some believe those numbers might be higher. Whether it be the ongoing opioid crisis or legal marijuana in many states, that number could be undershot. Some independent labs are reporting much higher positives for those working in the transportation and warehousing sectors.
Fleets who use hair testing in pre-employment drug tests are reporting an increase in cases. Some advocacy groups, such as the Alliance for Driver Safety & Security require their fleet members to use hair testing for pre-employment. While many argue that urine testing is fine, hair testing provides a longer detection window. Some numbers show nine times more people failing hair tests than urine tests alone.
Hair testing will not be a part of the drug and alcohol clearinghouse. To learn more about the new rulemaking and get answers to your frequently asked questions, the FMCSA has setup a website. Simply click or tap here to view it.
The Full Program Details
Beginning sometime in October or November, the FMCSA will be letting users establish an account through the system. The system is set to go operational on January 6, 2020. It could be that, depending on progress, the agency could seek an extension to this deadline. It would not be the first time something like that would have happened.
The clearinghouse is essentially a database used to track commercial driver’s 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.
When registering for the system, you must use your D.O.T. number. Make sure you do not use your Employee Identification Number (EIN). If you want multiple users in the system, you must outline and authorize these users on an annual basis.
The information you are required to put into the clearinghouse includes any Part 382 drug and alcohol violations. If the truck driver has already violated and is returning to duty, their return-to-duty steps must be documented. Violation information will begin to be documented on or around January 5th, provided there are no extensions.
If you are a commercial truck driver, motor carrier, third-party company or otherwise, you must register in the system. While the FMCSA has authorized a three-year delay for state licensing agencies to comply, everyone else will go forward on the deadline. Motor carriers will be compelled to report violations of Part 382 of the FMCSRs.
All records will remain in the clearinghouse until the return-to-duty cycle is complete and five years have passed since the violation. The FMCSA archives all entries, so a truck driver’s information is never truly deleted. The best way for one to avoid that situation is to not violate the rule.
Clearinghouse Queries Explained
The FMCSA has outlined two types of queries: full and limited. Fleets are required to conduct a full query before the truck driver is ever brought on board. Any violations and return-to-duty information will be contained in a full report. Still, the truck driver must log in and give their consent before the motor carrier queries their records.
Some fleets worry this step may slow down the hiring process. At the minimum, it presents additional operational challenges to solve. In addition to the pre-employment full query, trucking companies will also need to put a process into place to complete a limited query once a year. The limited query simply asks if there is a record of the truck driver in the database. If something new is in the database, a full query must be requested.
Fleets will have to get consent from truck drivers for limited queries, but not for all of them. A motor carrier has the option to add pre-employment consent paperwork asking for consent to check on other aspects of their employment, such as criminal records or MVRs.
For the initial three years after the rule goes into effect, fleets must still check with a potential truck driver’s previous employer and get their most recent drug-testing information. They must go back at least three years. Motor carriers will also be required to update their drug and alcohol testing information and policies to align them with the clearinghouse requirements.
As many already know, clearinghouse queries are not free. Employers will be able to purchase query bundles. The amount depends on the number of queries the motor carrier expects to ask for.
Fortunately, fleets can get help in meeting these requirements. The FMCSA made the decision to give third-party providers a seat at the table. Authorized service agents will be allowed to report violations and conduct queries on behalf of fleets they work for. When a fleet registers, they must declare who their clearinghouse service agent is. If you change agents, you have 10 days to update the clearinghouse.
So, What’s the Cost?
Of course, what every fleet executive wants to know is, what’s the cost? The flat per-query rate is $1.25. That goes for both limited and full queries. Depending on the business requirement, you can get custom bundles to fit your business.
Once you purchase a query, it never expires, so you have a long time to use it as needed. You can also purchase more queries on an as-needed basis. When it comes to original queries, the fleet must purchase them, not the third-party agent. Third-party service providers will not be allowed to buy initial query bundles.
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.
Since you cannot forget about the annual limited query, you will want to set up a tickler or department-wide calendar reminder to ensure those records are pulled every year. Above all, you will need to sign up for motor carrier access to the clearinghouse itself. You will have team member handling inquiries, truck driver authorization forms, records, and specific actions.
Similarly, truck drivers need to know their rights and responsibilities. If a truck driver changes companies, they will have to register their permission for their new employer to query their information. Truck drivers that are clean, sober, long-time truck drivers may need to access the clearinghouse themselves.
It is the obligation of the trucking company to let their truck drivers know their information will be placed or pulled from within the clearinghouse. Also take note of Section 382.601(b)(12) of the FMCSRs, which provides truck drivers with a handy list of best practices.
Make It Culture-Wide
It will be important for fleets to ensure this is baked into their culture. Ensuring truck driver comply with regulations should be the top priority. There must be proactive and transparent communication between management and truck drivers. Truck drivers must know that they must give their consent for a motor carrier to pull their records.
The system is basically designed to ensure truck drivers flip from one company to another. No one should be able to game the system under the new clearinghouse rules. On the flip side, it is also meant to keep people safe on the roads. We want to make sure all truck drivers are complying with laws and not operating commercial motor vehicles while under the influence.
In the end, fleets and truck drivers must be ready for the system. While there is still the chance for an extension, it is time to prepare for a rule the entire industry knew was coming. The drug and alcohol clearinghouse is here and trucking companies need to be prepared for it.
from Quick Transport Solutions Trucking Blog https://ift.tt/3eUsRl5
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