DOT Drug & Alcohol CLEARINGHOUSE How does it affect your recordkeeping?
Today’s Agenda: • CDL Drug & Alcohol Clearinghouse Rule: – What is the Clearinghouse? – Who is subject? – Implementation date – Recordkeeping – What do employers need to do next? – How can Lakeland Occupational Health help employers?
The Process From Collection to Reporting
Why was the Clearinghouse Created? Keep our roadways SAFE! Federal Motor Carrier Safety Administration (FMCSA) goal is to prevent CDL holders with positive drug and alcohol test results, refused tests, or drivers who have not undergone the return-to- duty drug and alcohol rehabilitation process from job hopping. The new Clearinghouse system provides real-time information about CDL driver drug and alcohol program violations.
Clearinghouse Final Rule • Final Rule – Mandated by Congress and initially published December 5, 2016 – Established requirements for the Clearinghouse – Identified January 6, 2020 as the Clearinghouse implementation date – Clearinghouse final rule: www.fmcsa.dot.gov/regulations/commercial-drivers-license-drug-and-alcohol-clearinghouse
Clearinghouse Timeline
Who is Required to Register with the Clearinghouse? • Employers of CDL drivers who operate commercial motor vehicles (CMVs) • Consortia/Third-Party Administrators (C/TPAs) • Medical Review Officers (MROs) • Substance Abuse Professionals (SAPs) • State Drivers Licensing Agencies (SDLAs) **Highly recommended for all drivers who hold commercial driver’s licenses (CDLs) or commercial learner’s permits (CLPs)
Drivers: Portal Account While Clearinghouse registration is not required for all drivers, drivers must register in order to: • Provide electronic consent to release detailed drug and/or alcohol violation information in their Clearinghouse record to a current or prospective employer (full query) • Review their own Clearinghouse record and initiate the process to revise or remove incorrectly entered information • Identify a substance abuse professional (SAP) to report on return-to-duty (RTD) activities • No cost for drivers to create account, access Clearinghouse records or electronically sign for consents
Drivers: Self-reporting to Employers Section 382.415 requires drivers to report DOT testing violations unknown to their current employer Examples include: Positive pre-employment test for another company Violation for a concurrent employer under a different agency such as FTA, FAA, FRA, PHMSA or USCG
Who is Required to Populate Data in the Clearinghouse? Medical Review Officers (MRO) Substance Abuse Professional (SAP) Employers subject to Part 382 ** Consortium/Third-Party Administrator (C/TPA)
Data Source: Medical Review Officer (MRO) MRO’s are required to report the following into the Clearinghouse within two business days of verified _________________________________ determination: Additional information MRO reports: Reason for test Verified positive, adulterated, or substituted drug Specimen ID Number test result Driver’s name, date of birth, CDL number and State of issuance Refusal to submit to a drug test requiring a Employer’s name, address, and determination by the MRO, as specified in 49 CFR USDOT Number, if applicable Date of the test and date of the 40.191 verified result Driver admission to the MRO Test result ________________________________ Changes made to a verified drug test per 49 CFR Part 40 (must be reported within one business day of making changes to the reported result)
Data Source: Substance Abuse Professional (SAP ) SAP must be designated by the driver in order to provide data on driver in the Clearinghouse • Records provided by SAP: Date of initial assessment completed on driver (must be entered into the Clearinghouse by the close of the business day following assessment) Date of completion for assessments and treatment that determines driver is eligible for return-to-duty testing (must be entered into the Clearinghouse by the close of the business day following the determination)
Employer Registration Registration process: Verify your information . If you currently have a USDOT Number, the Clearinghouse will pull your contact and company information from other FMCSA systems Designate your C/TPA . If you work with a C/TPA, you must designate them in the Clearinghouse before they can access the Clearinghouse on your behalf. This is required for all Owner-Operators (employers who employ themselves as CDL driver) Invite assistants . Send invitations to other employees to access the Clearinghouse on your behalf, allowing them to register as part of your company or organization Select and purchase a query plan . Employers will pay a fee when querying the Clearinghouse for current and prospective employees’ drug and alcohol program violations
Clearinghouse Query Fees • Employers are charged a fee for conducting queries in the Clearinghouse • Employers must purchase query plans to ensure they or their designated C/TPA can conduct queries • Queries plans are purchased directly from the Clearinghouse by the employer • Purchased queries plans never expire • C/TPA cannot purchase query plans on behalf of employers
Query Plans - Cost INDIVIDUAL QUERY PLAN $1.25 Flat per query rate (limited or full) ✓ Flat per query rate (1.25), for limited or full queries ✓ Bundles customized to meet your business needs ✓ Queries never expire ✓ Purchase additional query plans, as needed
How do I Register: STEP 1: Create a Login.gov Account To register and gain access to the Clearinghouse first requires users to create an account with login.gov
▪ Login.gov is a multifactor authentication process ▪ Authentication via phone (voice or text message)
• After setting up a login.gov account, registration will be completed in the Clearinghouse • Employers will be asked about their portal credentials • Owner/Operators will be asked to identify their C/TPA • Drivers will enter their CDL information
User Dashboard ▪ Homepage for Clearinghouse activity includes: • Invite and manage assistants • Manage C/TPAs • Purchase query plans • Report drug and alcohol program violations (January) • Conduct queries (January)
What do Employers Report to the Clearinghouse? Drug and alcohol violations by the close of the third business day after the employer is notified. Violations include: Confirmed alcohol concentration of 0.04 or greater Certain refusal-to-test scenarios Actual knowledge of violation Negative return-to-duty test Successful completion of all follow-up tests If an owner-operator commits a drug and alcohol program violation, this information must be reported by the C/TPA
Refusal-to-Test Scenarios: Refusing to go to the collection site Not showing up Arriving late Leaving the collection site without providing specimen Failure to cooperate Admissions to the collector
Actual Knowledge of Violation: Per § 382.107 includes: Alcohol use within four hours of coming on duty and during on- duty time; Alcohol use following an accident prior to post-accident testing; and Controlled substance use Traffic citation DUI in CDL CMV
Clearinghouse Data Retention Driver violation information is removed if the following criteria are met: SAP reports assessment and treatment successful; AND 1. Employer’s report of negative return -to-duty test; AND 2. Current employer reports completion of follow-up tests; AND 3. Five years pass since the original violation 4.
Limited Queries: Reason for Query Information Returned Required Action ▪ Annual check on currently No records found in the No action required employed driver Clearinghouse for queried driver ▪ Ad hoc/periodic check on Records found in the Full query must be conducted for violation and/or RTD details to be driver Clearinghouse for queried driver released; if full query is not conducted within 24 hours, driver is removed from safety-sensitive functions, including operating a CMV Is driver consent How is consent provided? For how long is What action is required? required? consent effective? ▪ ▪ Yes Outside the Clearinghouse Limited consent form Consent refused: ▪ • May be electronic or wet must specify time Query cannot be conducted • signature range Driver removed from safety-sensitive functions Consent provided: • Note: FMCSA has provided a Retain via paper or electronically in driver’s sample limited consent qualification file • request form on the website Request limited query in the Clearinghouse
Recommend
More recommend
