The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s (FMSCA) new Drug and Alcohol Clearinghouse went into effect January 6, 2020. The new program requires commercial driver’s license (CDL) employers, medical review officers, third-party administrators, substance abuse professionals and state driver’s license agencies to report failed and refused drug tests for CDL drivers to the FMCSA Drug and Alcohol Clearinghouse. This program also applies to government entities to the extent they employ drivers who hold a CDL.
The Clearinghouse is a secure online database that gives employers, the FMSCA, state driver licensing agencies, and state law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The new program does not change any existing requirements in the DOT-wide procedures for transportation workplace drug and alcohol testing, but instead requires employers to report to the Clearinghouse information related to violations of the FMSCA’s drug and alcohol regulations.
Employers are also required to query the Clearinghouse both during pre-employment screenings and annually to ensure that their drivers are still eligible to perform safety-sensitive functions. In order to conduct a query, the employer must obtain consent from both applicant drivers and currently employed drivers. If an applicant driver refuses consent, the employer cannot hire the driver. If an employed driver refuses consent, the driver must be removed from driving duty until the query is conducted.
The new regulations also require that employers add language to their FMSCA drug and alcohol testing policies to notify drivers and driver applicants of the information that will be reported to the clearinghouse, including positive drug and alcohol tests and refusal to submit to a drug or alcohol test. Now that the new Drug and Alcohol Clearinghouse is in effect, employers should ensure they have updated their policies and are complying with the requirements of the program.
The attorneys at Fishel Downey Albrecht & Riepenhoff, LLP routinely advise public and private employers on compliance with various state and federal employment regulations. If you have any questions about this or any other matter, please contact us at info@fisheldowney.com or call 614.221.1216.