F


ederal Motor Carrier Safety Regulations have long required motor carriers to contact the


previous employer(s) of prospective new drivers to confirm the eligibility of those individuals to operate a commercial motor vehicle in accordance with U.S. Department of Transportation’s drug and alcohol regulations. Congress, recognizing that dishonest


drivers could ‘side-step’ the discovery of past drug/alcohol violations by excluding pertinent information on their job applications, directed FMCSA in 2012 to undertake a rulemaking to implement a Commercial Driver’s License Drug and Alcohol Clearinghouse. Published on December 5, 2016, the


Clearinghouse rule requires FMCSA- regulated employers, Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), consortia/ third party administrators (C/TPA), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 CFR, Parts 40 and 382, by current and prospective employees. Motor carriers will be required to query


the Clearinghouse for this information during every pre-employment driver investigation, and at least once a year for all CDL drivers they employ. When it becomes fully operational in


early January 2020, the Clearinghouse will be a vital online tool to identify commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders who have refused or failed drug tests, or have failed to complete a return- to-duty (RTD) substance abuse program. Authorized users will be able to access driver information in real-time. Clearinghouse registration is scheduled to begin this fall.


www.datia.org


Beginning on January 6, 2020, MROs


and SAPs will be required to report certain information in the Clearinghouse: • MROs will report verified positive, adulterated, or substituted drug test results; refusals to test; and any changes to a verified positive drug test.


• SAPs will report the date the initial assessment with the driver was completed and the date the SAP determined the driver is eligible for RTD testing.


• In addition, employers, or their designated C/TPA, will be required to report alcohol test results with a concentration over .04, actual knowledge, a driver’s refusal to test, negative RTD test results, and the completion of the driver’s follow-up testing plan. Credentialed MROs and SAPs must


visit the Clearinghouse website and register. Registration requires that MROs and SAPs self-certify their qualifications and confirm their credentials and basic knowledge, as required by §§ 40.121 for MROs, and §§40.281 for SAPs. MROs and SAPs will also have the


option to invite administrative personnel to register for the Clearinghouse as their assistants, who will then be able to enter information into the Clearinghouse on behalf of credentialed MROs or SAPs. Assistants should not initially visit the Clearinghouse website to register, but will be able to do so once they receive an email invitation from the MRO or SAP they work under. Employers, or their designated C/TPA,


and MROs can report a driver’s drug or alcohol violation even if the driver has not yet registered for the Clearinghouse. Te MRO will be required to enter the CDL Number and the State of Issuance instead of the Social Security Number or Employer Identification Number when USDOT/ FMCSA-covered drivers’ positive drug or alcohol test results are reported to the Clearinghouse. (ODAPClist serve message)


Registered drivers who have an


unresolved drug and alcohol program violation in their Clearinghouse record will use the Clearinghouse to designate the SAP they are working with to complete the RTD process; registered SAPs will receive a notification to confirm this designation. Users can learn more about the


Clearinghouse at https://clearinghouse. fmcsa.dot.gov. Available resources include a timeline,


downloadable informational materials, and frequently asked questions. Website visitors can also sign up to receive email notifications with news and updates on the Clearinghouse. Questions about the Clearinghouse can be directed to clearinghouse@dot.gov. ❚


Gian Marshall is with the Office of Enforcement at the Federal Motor Carrier Safety Admin- istration (FMCSA). For nearly 10 years, Gian has been a key member of FMCSA teams responsible for the implementation of the Drug and Alcohol Clearinghouse, the Under 21 Mili- tary Driver Pilot Program, Offsite New Entrant Audits, and the long-haul trucking provisions of the North American Free Trade Agreement. In addition to her knowledge of FMCSA’s enforce- ment and compliance program, Gian’s other areas of expertise include FMCSA’s budget and financial spending plans.


Prior to joining FMCSA, Gian spent 6 years working in the private sector and served for over 11 years as Military Police in the U.S. Army. During this time, she was assigned as an Investigator, Training Officer, and managed operations and special programs to ensure that the company's special programs were ready for command inspection.


Gian has a Bachelor of Science degree in Business Administration with a focus on Human Resource Management from Touro University International, in Cypress, CA. Gian and her husband Tom live in Arlington, VA and love good food and live music. She has a daughter and son who live in Bristol, TN.


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