Effective January 6, 2020, companies


who employ commercial motor vehicle drivers must register with the Federal Motor Carrier Safety Administration’s (FMCSA) national Drug & Alcohol Clearinghouse and comply with new reporting and reviewing responsibilities. The Clearinghouse, which can be


accessed at https://clearinghouse. fmcsa.dot.gov/, is a secure, online database that will maintain information about violations of U.S. Department of Transportation (DOT) drug and alcohol regulations by commercial driver license (CDL) holders for five years. One of the Clearinghouse’s purposes is to allow employers to identify drivers who have committed a violation while working for another employer, but who have not informed their prospective or current employer of that violation.


New reporting obligations Within three business days aſter a DOT drug and alcohol violation by an individual, employers must now report to the Clearinghouse: • A verified positive, adulterated or substituted drug test result;


• An alcohol confirmation test result with a concentration of 0.04 or higher;


• A refusal to submit to a drug or alcohol test;


• An employer’s report of actual knowledge of on-duty or pre-duty alcohol use;


• An employer’s actual knowledge of alcohol use following an accident;


• A substance abuse professional’s report of successful completion of the return- to-duty process;


• A negative return-to-duty test; and • A report of completion of follow-up testing.


New reviewing responsibilities A new review process for new hires, transfers, and current employees also comes into play.


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Before a new employee can operate a


commercial vehicle, or before a current employee transfers into a position requiring the operation of a commercial vehicle, the employer must first “query” the Clearinghouse to determine whether they have violated drug and alcohol regulations in the past. Further, for every current employee who operates a commercial vehicle, the employer must “query” the Clearinghouse one time each year to determine whether current employees have violated any drug and alcohol regulations. When conducting any new hire, transfer or current employee queries, the employer must first obtain the employees’ consent.


Time to revise your policy Te creation of the Clearinghouse and the new reporting and reviewing processes means updates to your DOT drug and alcohol policy are in order. Specifically, employers should add language to their existing DOT policies notifying drivers and driver applicants of the information that will be reported to the Clearinghouse and advising they will be required to provide consent for the employer to conduct queries as to their own drug and alcohol policy history.


Missouri bill would allow employers to test workers for medical marijuana


A new Missouri bill would give employers the right to randomly drug test their employees and possibly fire them if a drug test shows marijuana in their system. Senate Bill 610, sponsored by Missouri


Sen. David Sater (R-Cassville), would allow employers to test employees and prospective employees for medical marijuana. Employers would have discretion to


act based on the test results, if a drug test showed THC in an employee's system. While Missouri has not legalized the use


of recreational marijuana, some lawmakers say the bill could be essential in preparing for future marijuana legislation.


The creation of the Clearinghouse and the new reporting and reviewing processes means updates to your DOT drug and alcohol policy are in order.


If passed, the bill would also allow


employers to institute a random drug- testing policy and prohibit medical marijuana at their business. Sater sponsored a similar bill, SB 227, in 2019. Te bill is currently in the Small Business and Industry Commitee, where it failed to gather enough support last year. On February 20, 2020, 2/20/2020— Hearing Conducted S Small Business and Industry Commitee enacts new provisions allowing employer policies relating to employee drug use, title effective date August 28, 2020. SB 610—Tis act provides that an


employer may refuse to accommodate the use of marijuana on its premises for any use described in Article XIV of the Missouri Constitution. Te act further provides that an employer may institute a random drug-testing policy. Receipt of a positive drug test for marijuana may be considered grounds for dismissal in the case of an employee or, in the case of a prospective employee, refusal of employment. For additional information regarding this bill please visit: htps://www.senate. mo.gov/20info/BTS_Web/Bill.aspx?Sessi onType=R&BillID=26838140 ❚


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