b" Marketer InformationRules & RegulationsNEW FMCSA REQUIREMENTSFundamentally Change CDL Driver Drug & Alcohol Record RequirementsW Employer ResponsibilitiesWashington, D.C. - A new rule from the U.S. Depart-ment of Transportations Federal Motor Carrier SafetyThe Clearinghouse will offer employers (or their third-Administration (FMCSA) will fundamentally changeparty assignees) a centralized location to query driver the way employers handle CDL driver drug and alco- information and report drug and alcohol programhol records. In short, driver drug and alcohol recordsviolations incurred by their current and prospective will soon become centralized online in a secure,employees holding CDLs and/ commercial driver searchable database. This means employers with CDLlearners permit. The employer must use the CDL drivers will now be required to upload drug and alco- driver drug and alcohol violation Clearinghouse to:Mark S. Morgan, Esqhol testing results to the FMCSA Drug and Alcohol PMAA RegulatoryClearinghouse database. The Clearinghouse will con-Register online to access the Clearinghouse database.Counsel tain all CDL driver records for violations of drug andthe Clearinghouse to comply with required alcohol prohibitions, including positive drug or alcoholSearchtest results, test refusals, completion of return-to-dutypre-employment search of drug and alcohol testing process generated after January 6, 2020. Employer userecords for pre-hire drivers.of the Clearinghouse is required to conduct manda-Conduct limited annual queries for each driver tory pre-employment and current CDL driver recordcurrently employed.investigations, and to upload driver drug and alcoholelectronic consent from the driver toviolations and return to duty status records. CongressRequestmandated the Clearinghouse requirements under theconduct queries.Moving Ahead for Progress in the 21st Century Act todrug and alcohol program violations.provide employers, CDL drivers, medical review of- Report Record the negative return-to-duty (RTD) test results ficers, substance abuse professionals, state driverlicensing agencies and enforcement authorities real- and the date of successful completion of a follow-up time information on CDL drivers' drug and alcoholtesting plan for any driver they employ with unre-testing records.solved drug and alcohol program violations.The good news is the Clearinghouse mandate doesDriver Responsibilitiesnot change any existing U.S. DOT drug and alcohol Check RecordsDrivers must register with the Clear-requirements other than to require use of the online database to manage and search driver drug and alcoholinghouse to check their drug and alcohol driving records. The Clearinghouse will only contain driverrecord, to contest incorrect entries and provide elec-drug and alcohol records generated after January 6,tronic consent for prospective and current employers 2020. Since the FMCSA requires employers to con- to access their drug and alcohol records. duct a 3-year look back period for pre-employmentSearching the Clearinghouse Databasedriver drug and alcohol record searches, the Clearing- Employers are able to conduct two types of queries on house will not contain complete driver records untilthe Clearinghouse database:January 6, 2023. This means, until this date, employers must use the database to search newer driver drug andLimited QueryA limited query allows an employer alcohol records generated after January 6, 2020, andto determine if an individual drivers Clearinghouse continue to conduct manual searches for older driverrecord has any information about resolved or unre-records generated before January 6, 2020. The badsolved drug and alcohol program violations, but does news is the FMCSA will charge users $1.25 per searchnot release any specific violation information con-on the Clearinghouse database. tained in the drivers Clearinghouse record. Limited Navigating and registering for the Clearinghouse willqueries require only a general driver consent, which be challenging at first, but should become a quick,is obtained outside the Clearinghouse; this general easy and lower-cost method to comply with FMCSAconsent is not required on an annual basis, it may be drug and alcohol testing record management. The fol- effective for more than one year. However, the lim-lowing information explaining Clearinghouse registra- ited consent request must be in writing, and specify tion and use will help marketers meet the January 6,the duration of the consent period. The limited query 2020 deadline. Additional information on the Clearing- meets the annual drug and alcohol record check house can be found at www.clearinghouse.fmcsa.dot.gov. requirements all employers must already conduct for CDL drivers. Limited queries are free of charge.continued on page 3012 www.wpma.com / Winter 2019"