C/TPAs need to notify clients of the need to update FMCSA policy and hiring forms, acquire permissions to input data into clearinghouse for clients, ask for CDL numbers when testing instead of Social Security Numbers (SSNs), and look at current pricing structures based on enhanced duties.
Employers must keep up-to-date records of actual knowledge, including DUI citations and convictions. As for drivers, they must allow for
queries regarding records of drug and alcohol testing, and alert employer(s) or prospective employer(s), in writing, of violations, except if the employer administered the test.
Which service agents will be affected and how? Te service agents who will be affected by the Clearinghouse are C/TPAs, Medical Review Officers (MROs), and SAPs.
12 datia focus
C/TPAs must be registered with the
Clearinghouse and, for those providing services to an owner-operator, will retain all responsibility for compliance. TPAs must report positive tests of owner-operators, as well as all refusals to the Clearinghouse. Be aware that those C/TPAs who provide services for independent owner-operators could be held liable for all penalties for infractions of this section. MROs must report verified positives,
adulterated, or substituted test results within two business days. If an MRO changes a verified drug test result, he or she has one day to make changes to the results. A SAP must submit the following
information: the SAPs name, address, and telephone number; the driver’s name, date of birth, CDL number and state of issuance; date of the initial substance-abuse- professional assessment; and date the SAP determined that the driver demonstrated successful compliance as defined in 49 CFR part 40 (O), and was eligible for return-to- duty testing under this part. Te SAP has two reporting instances
as outlined. First, the SAP is required to report this information by the close of the business day following the date of the initial substance abuse assessment. In addition, by the close of the business day following the determination, the SAP must report that the driver has completed the return-to-duty process.
What steps should be taken now to be compliant by 2020? Employers must: • ensure that CDL information (number and state of origin) is in each driver’s file and easily accessible;
• make changes to hiring information that includes consent from drivers to do an initial detailed query; and
• include the details for which an employer will report results to the Clearinghouse. Also, employers need to train
Designated Employer Representatives (DERs) and safety officers on the required documentation for reporting “actual knowledge” of drug or alcohol use while operating a CMV. Drivers must be prepared to use their
CDL number when testing, and to give employers consent whenever needed to run a full query. Refusing to give consent will result in not being able to perform safety- sensitive functions with that employer. C/TPAs need to notify clients of the
need to update FMCSA policy and hiring forms, acquire permissions to input data into clearinghouse for clients, ask for CDL numbers when testing instead of Social Security Numbers (SSNs), and look at current pricing structures based on enhanced duties. For more information and other
Frequently Asked Questions regarding the Clearinghouse, you can visit the FMCSA’s website: htps://
www.fmcsa.
dot.gov/regulations/commercial-drivers- license-drug-and-alcohol- Clearinghouse- frequently-asked-questions. ❚
Lucas Kibby is the Market- ing Manager for CleanFleet, a Best-In-Class C/TPA and Collection Sites serving the drug testing industry nation- wide for over 20 years. As a
leading C/TPA, CleanFleet’s staff includes those who have been certified as DERs and Professional Collector Trainers by DATIA. Lucas has been writing on the drug test- ing industry and compliance with the DOT regulations for years, and also manages the marketing department at sister company Glostone Trucking Solutions that focuses on helping companies nationwide stay compli- ant with DOT/FMCSA regulations.
summer 2017
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