FMCSA Finalizes Drug & Alcohol Clearinghouse Rule
Image: FMCSA
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Image: FMCSA
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The long-anticipated final rule to establish a national drug and alcohol clearinghouse for commercial truck and bus drivers has at last been released by the Federal Motor Carrier Safety Administration. The rule goes into effect on January 4, 2017, with a compliance date of January 2020.
The agency said on Dec. 2 that the clearinghouse database will serve as a central repository containing records of violations of FMCSA’s drug and alcohol testing program by CDL holders.
Once the clearinghouse is established, motor carrier employers will be required to query the system for information concerning current or prospective employees who have “unresolved violations” of the federal drug and alcohol testing regulations that prohibit them from operating a commercial motor vehicle. The rule also requires employers and medical review officers to report drug and alcohol testing program violations.
The final rule requires motor carriers, medical review officers, third-party administrators, and substance abuse professionals to report information about drivers who:
Test positive for drugs or alcoholRefuse drug and alcohol testingUndergo the return-to-duty drug and alcohol rehabilitation process
Motor carriers will also be required to annually search the clearinghouse for current employees as well as during the pre-employment process for prospective employees to determine whether a driver violated drug or alcohol testing requirements with a different employer that would prohibit them from operating a CMV.
However, in accordance with the Privacy Act of 1974, a driver must grant consent before an employer can request access to that driver’s clearinghouse record and before FMCSA can release the driver’s clearinghouse record to an employer. After registering with the clearinghouse, a driver can review his or her information at no cost.
FMCSA pegged the rule’s annual net benefits at an estimated $42 million, given the crash reductions expected to result from annual …Read the rest of this story
