[PPT] - UNDERSTANDING THE FMCSA CLEARINGHOUSE Indian diana a Testi ting PowerPoint Presentation

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UNDERSTANDING THE FMCSA CLEARINGHOUSE

Indian diana a Testi ting ng Inc.

c. (ITI)

TI) Cynthia nthia Able, le, Direc ector of Operations ations Certif tified ied MROA A Septemb mber er 2019

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Indiana Testing Inc. (ITI) is a national substance abuse and compliance solution provider founded in 1992.

Re

Regu gulated Dr Drug Testing

Brea

reath Al Alco cohol Testing

Ra

Random Dr Drug Pr Program Ma Management

Nati

tional DOT DOT Con

nsortium

Nat

Nationwide Clinic Da Database

Non

n-Regulated Dr

Drug Testing

Non

n-Regulated—Hair, Oral

ral, Lab b Based Urin rine and nd Ra Rapid Testing available

Ons

nsite te Dr Drug & Al Alco cohol Testing

El

Elect ctronic Dr Driver Qualifica cation Files

Mo

Moto tor Ve Vehicl cle Re Records (MV MVR)

Pre

Pre-employment Screening Pr Progr gram (PS PSP)

Crim

riminal Back ckground Check cks (CB CBC)

EL

ELD- Sales and nd Trai raining

Ma

Maintenance Files

FMCS

CSR Boo

oks

IFTA / IRP

RP Lice censing & Pr Preparati tion

Mo

Mock ck Au Audits ts

Cor

rrect

ctive Ac Acti tion Pl Plans (CAP)

Safety Mea

Measurement Pl Plans (SMP)

On

On-site te As Assistance ce Wi With th FMCS CSA Au Audits

An

Annu nual Ap Appe pendix G Inspect ctions

CSA Dat

Data-Q Chal hallenges

Poli

Policy cy De Development

Ons

nsite te Tra raining and nd Con

nsulting for
r

FMCS CSA issues

Sup

upervisor Tra raining (DOT DOT Re Requ quired Dr Drug/Alco cohol)

D.

D.E.R Tra raining

Ha

Hazm zmat Re Refresher Course

Hou

Hours of

f Se

Service ce Tra raining (Dr Drivers)

Hou

Hours of

f Service

ce Tra raining (Man Managers)

Ap

Appe pendix G An Annual Ins nspect ction Mec Mechanic c Trai raining

Spe

peci cimen Coll

llect

ctor Trai raining

On

On-Site Trai raining Al Also Av Available

DRUG & ALCOHOL SAFETY & COMPLIANCE CONSULTING TRAINING

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TOP OPIC IC ON ONE

What is the e Cle leari ring nghouse house? How w does es this is im impact act a mot a motor r ca carr rrier ier em emplo ployer? er? What mu must a mo motor r ca carr rrier er em emplo ployer er re repor

rt?

t? What inf nformati rmation

n will

ll be re repor

rted

ed by a C a C/TPA?

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What is the FMCSA Clearinghouse?

4

■ Published December 5, 2016, Mandated by Congress (MAP-21, Section 32402) ■ Established requirements for the Clearinghouse ■ February 2019, Information Phase ■ October 2019, Registration Opens ■ January 2020, Clearinghouse implementation date

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What is the FMCSA Clearinghouse?

■ The Clearinghouse is an electronic database containing records of violations of CDL drivers’ in regards to the regulated drug and alcohol program in Part 382. ■ Any violation for positive drug or alcohol test results, including refusals will be entered into the Clearinghouse database and recorded based off the drivers commercial drivers license number, name, and date of birth.

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How does this impact motor carrier employers?

■ The Clearinghouse regulations require employers to both query and report information regarding CDL drivers; ■ Employers will be required to report Clearinghouse specified violations of the DOT drug and alcohol testing program incurred by their current or prospective CDL drivers; ■ In addition, all employers of CDL drivers must conduct pre-employment full queries to determine whether the prospective new hire has unresolved drug and alcohol violations that prohibit them from performing safety-sensitive functions; ■ Employers will also be required to query the Clearinghouse annually to determine whether any current CDL employees have incurred drug and alcohol violations while working for another employer while also working for you.

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Wh What at in informa

rmation

tion mu must st mot motor

r

ca carrier rrier empl employer ers re repor port? t?

■ Alcohol confirmation test result with an alcohol concentration of 0.04 or greater; ■ Alcohol refusal to test as specified in 49 CFR 40.261; ■ Drug refusal to test not requiring a determination by the MRO as specified in 49 CFR 40.191; ■ Negative return-to-duty test result; ■ Completion of follow-up testing; ■ Actual Knowledge, as defined in 49 CFR 382.107;

– means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use.

**Empl mployers ers must t submi mit t drug and alcohol hol violat ations

ns by the close

se of the third d busin siness ess day followi wing ng the date on which h the emp mployer er obta tain ined ed the infor

rma

mati tion*

n**

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■ MRO verified positive, adulterated, or substituted drug test result; ■ Alcohol confirmation test result with an alcohol concentration of 0.04 or greater, if your employee tests 0.04 or greater for a breath alcohol test, DER MUST insure that a copy of the COC has been faxed to ITI’s MRO; ■ Refusal to test (alcohol) as specified in 49 CFR 40.261; ■ Negative return-to-duty test result; ■ Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR 40.191; ■ Drug refusal to test not requiring a determination by the MRO as specified in 49 CFR 40.191, DER must send to ITI in writing the determination of the refusal to test, then result will be reported; ■ Some examples: (THESE ARE JUST EXAMPLES OF SOME COMMON REFUSAL TO TEST SCENARIOS) 1) Donor does not go to collection site for required drug/alcohol testing after being notified by DER. 2) Donor does not stay at collection site for required drug/alcohol testing. 3) Donor tells DER they do not have time and will not go today.

Wh What inf nformation

rmation will

l ITI repor

rt

t on n your ur behalf lf as your drug g and alcohol

l C/TP

TPA? A?

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TOP OPIC IC TWO

Wh What is a a q query? y? Are e ther ere e more e than one? e? How much ch do do they cost? st? Wh When en do does es an empl employer er run a q quer ery? y?

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Wh What at is is a q a quer uery y an and d wh what at ar are e th the di e differ eren ent t ty types? es?

A query is an electronic check in the Clearinghouse database, conducted by an employer or their designated C/TPA, to determine if current or prospective employees are prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to unresolved drug and alcohol program violations. ■ Limited ed Querie ies: s: Checks for the presence of information in the queried driver’s Clearinghouse

record. Driver consent is obtained outside the Clearinghouse.

■ Full Queries: es: Discloses to employers and designated C/TPAs detailed information about any resolved or unresolved violations in a driver’s Clearinghouse record.

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QUER QUERIE IES ARE RE A $1.25 25 FLA LAT RA RATE FOR LI LIMITED MITED OR OR FULL ULL QUER QUERIE

IES. PLANS

LANS CA CAN BE BE PUR URCH CHASE ASED DIREC DIRECT THR THROUG OUGH TH THE CLEARINGH EARINGHOUSE OUSE.

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FACT CTS S FOR LI LIMITE ITED QUE UERIES ES

■ Used for currently employed CDL Drivers; ■ Must have written consent from all CDL Drivers to run a limited query; – Can use a standard consent for information, stating driver name, company name, pulling query for FMCSA clearinghouse, and date for the duration of employment, signed and dated. ■ Must run a limited query on all drivers at least once per year, but can be ran as many times as you may like.

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FACTS CTS FOR OR FU FULL QU QUER ERIES IES

■ Used for all prospective pre-employment new hires; ■ Used for currently employed CDL Drivers that the limited query returned a result that there is information recorded in the Clearinghouse about the queried driver; ■ CDL Drivers must give full consent through the FMCSA Clearinghouse.

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When hen must st a mot a motor

r ca

carrier rrier empl employer er que uery y in information?

rmation?

■ Em Employers s will be requi uire red d to conduc nduct t a l limited d que uery y on cur urrently rently-emplo loyed ed CDL driver ers s at least t once ce a year. . The e annual ual que uery y is the e minimu imum m requi uirem remen ent t and employers may conduct queries more often, as long as they obtain the employee’s consen nsent. t. ■ Prospec specti tive e emplo loyers s mus ust t conduct nduct a ful ull pre-emplo loym yment nt que uery y of the e Clear aringho inghouse use prior r to emplo mploying ng a d driver er to perform

rm a safety

ty-sensi sensitiv tive e fun uncti tion.

n.

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IMPOR ORTAN ANT T CON ONSEN ENT T INFOR ORMA MATIO TION

■ All l qu queries ries must st have e consent nsent; ■ If the limited query shows that information exists, the employer is required to obtain the driver’s specif ecific c consent sent to conduc uct t a full ll qu quer

ery. The emp

mplo loyer er must st cond nduct uct a full ll qu query with thin n 24 hour urs s throug

ugh

h the FMCSA CSA Cleari aringh nghous

use

e databa abase.

e. FMCSA

CSA will ll then en verify rify that at the driver er consent nsented ed to the full ll qu query y before

re releasi

leasing ng the e infor

rmation

mation to the e emplo mployer

er. If consent

nsent is s not

t given

en by the e CDL Driver er, the emp mplo loyer er may not

t perm

rmit a driver er to perform

rm safety

ty-sen ensiti sitive e funct ction

ns, such as
perating

rating a CMV.

BOTT TTOM OM LI LINE: E: A D A DRIVER VER WH WHO WI WILL LL NOT T CONS NSENT ENT TO A A QUE UERY CAN ANNO NOT T DR DRIVE VE UN UNTIL L CONS NSENT ENT IS GI GIVE VEN N AN AND D A A QUE UERY IS COND NDUCTED UCTED. .

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TOP OPIC IC THREE EE

Wh What at do does es this is mea ean f n for r dr driv iver ers? Does es this is in involve e the e Privac ivacy y Act t Laws? How can ITI hel elp? p? Do you u stil ill do do the e 3 yea ears RFI FI chec ecks? s?

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■ Are drivers s requi quired d to pre-regis gister? r? Yes and no!

! It is not
t a r

requ quireme ement nt for drivers s to pre- register er, , but it is recomm mmend ended.

d. By pre-regis

gistering ring it will help p to speed along ng the consent sent requi quire rement ments.

s. Any

y driver seeking ng new emp mplo loym yment ent with a m mot

tor
r carrier will be r

requi quired d to register er to give cons nsent ent to the full qu query; y; ■ Also,

, registere

red drivers s are a able to access their personal

nal inform
rmati

ation

n for free to make sure the

status s is correct; ct; ■ For any infor

rmat

mation

n that a dr

driver finds s in regards to themse selv lves es for drug and alcohol l violat lation

ns

that is incor

rrec

ect the driver may requ ques est corrections

ns on their Clearingh

nghouse use record. . Not

te: Drivers

may challe lenge nge only ly the accurac acy y of infor

rma

mation

n reported,

d, not

t the accurac

acy y or va validit dity y of test result lts s or refusals; ls; ■ Drivers will be n not

tified when

n informa rmation

n about them has been added to the Clearingh

nghou

use.

e. They y may be n not

tified electroni
nicall

ally y if they are registere red and elect to receive electroni

nic

c not

tificati

ation

ns.

. Otherwis wise, e, drivers s will be n not

tified

ed via mail using ng the address listed d on their CDL; ■ Drivers will be i identified d by their Comme mercia cial l Drivers s License nse numbe ber in the Clearingh nghou

use

e database. . Social l Security y numb mber ers s will not

t be used for infor
rma

mation

n tracking

ng; ■ Any y viola lations ns repor

rted into
the Clearing

nghouse use on behalf of a dr driver will remain n for 5 y years from the date of the viola latio ion n det eterminati nation

n, or until

l the driver complet pletes es the retu eturn-to to-dut uty y proce cess ss, , whiche chever r is later.

Wh What at do does es th this is me mean an for

r your
ur

dri river ers? s?

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Cl Clear earing inghouse house Pr Priv ivacy acy Act t Req equire uirements ments an and P d Pol

licy

icy Upda Updates es

■ The Clearing aringhouse house is sub ubje ject ct to certain tain Priv ivac acy y Act and nd Fair r Cred edit it Repor

rti

ting ng Act regulations; gulations; ■ Consents sents must t be given; en; Priv ivacy cy Act agency y can and will l verif ify; y; ■ Dr Driver ers s have the right ght to be be no notif ifie ied d and nd un understand stand that at inform rmati ation

n was found in the Clearingho

earinghouse use database abase and have the ability lity to file a pet etition ition if the informat

rmation

n is not accurat ate; e; ■ DOT Policy icy updat ates, es, verbiage biage to drug g and alcohol

l polic

icy y for repor

rting

ting and nd que uerying ing the Clearin earinghouse; ghouse; ■ Consent sent forms ms added d to DOT polic icy. .

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ITI solut utions ions to keeping ping up with h the Clear aringh inghouse:

use:

■ DQF program management; ■ Tracking and maintaining all required areas of the drivers qualification program and compliance; ■ Online portal for easy access from anywhere and any type of device; ■ DOT compliant pre-employment application with Clearinghouse consent verbiage; ■ Annual MVR tracking and up keep; ■ Live status updates for CDLs and Medical Card expirations; ■ Full Query Clearinghouse request for all new hires; ■ Annual Limited Clearinghouse request and tracking; ■ Perform the past 3 year RFI checks; still required.

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DRIVER VER QUALIFICA LIFICATION TION PROGRAM GRAM PORT RTAL AL

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DRIVER VER QUALIFICA LIFICATION TION PROGRAM GRAM PORT RTAL AL

NO GAPS!

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DRIVER VER QUALIFICA LIFICATION TION PROGRAM GRAM PORT RTAL AL

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DRIVER VER QUALIFICA LIFICATION TION PROGRAM GRAM PORT RTAL AL

Can use finger, mouse

r stylus

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Driver’s Last Name and First Name recorded.

DRIVER VER QUALIFICA LIFICATION TION PROGRAM GRAM PORT RTAL AL

Expiration tracking

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Wh What do does es the e Clea earin ingh ghouse

use Reg

egis istra rati tion

n look

k lik ike? e?

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REGIS GISTRA TRATION TION INF NFORMA ORMATION TION

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