COMPLIANCE AND UPDATES

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DOT GUIDANCE FOR USE OF FMCSA CLEARINGHOUSE (7/2/2020) 

GUIDANCE FOR USE OF FMCSA CLEARINGHOUSE


-Employers don’t enter any information about drivers.

-Employers register themselves, as an employer.

-Drivers register themselves as an individual driver.

-Drivers are not linked to an employer, and an employer is not linked to its drivers.


-An owner/operator must register as BOTH an employer and an employee.


Here is a link to the owner/operator brochure on the Clearinghouse website.

https://clearinghouse.fmcsa.dot.gov/Resource/Index/Owner-Operator-Brochure

Here is a link to the instruction for an owner/operator to register as a driver on the Clearinghouse:

https://clearinghouse.fmcsa.dot.gov/Resource/Index/Registration-Driver-Instructions


A violation can still be entered by using just the driver’s CDL# (on the CCF), even though the driver may not yet be registered on the Clearinghouse. When he eventually registers, the violation that was entered will migrate to his record.











DRUG TESTING DURING COVID-19 OUTBREAK (4/1/2020)


DISRUPTIONS TO DRUG AND ALCOHOL TESTING DUE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) PRESIDENTIALLY DECLARED NATIONAL EMERGENCY[1]

To help ensure the safety and well-being of everyone while also ensuring that we continue to meet our mission, we are providing the following guidance effective until June 30, 2020.

Please click on this link to access information, provided by DOT’s Office of Drug and Alcohol Policy Compliance (ODAPC), about the impact of the COVID-19 national emergency on DOT drug and alcohol testing requirements for employers, employees, and service agents. The Federal Motor Carrier Safety Administration (FMCSA) regulations provide reasonable flexibility to motor carrier employers and their drivers subject to testing under 49 CFR part 382 to address the COVID-19 national emergency. FMCSA is aware that, as described in ODAPC’s guidance, disruptions caused by the COVID-19 national emergency are interfering with, and in some cases, may be preventing, employer and driver compliance with current drug and alcohol testing requirements. In addition to the guidance provided by ODAPC, see below for further information specifically related to FMCSA’s testing requirements.

Recommended actions for FMCSA-regulated employers unable to conduct:

• Random Testing – You are required by 49 CFR 382.305(k) to ensure that the dates for administering random alcohol and controlled substances tests are spread reasonably throughout the calendar year. DOT guidance further recommends that you perform random selections and tests at least quarterly.

For further guidance see https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/best-practices-dot-random-drug-and-alcohol-testing

If, due to disruptions caused by the COVID-19 national emergency, you are unable to perform random selections and tests sufficient to meet the random testing rate for a given testing period in order to achieve the required 50% rate for drug testing, and 10% for alcohol testing, you should make up the tests by the end of the year. You should document in writing the specific reasons why you were unable to conduct tests on drivers randomly selected, and any actions taken to locate an alternative collection site or other testing resources.

• Pre-Employment Testing – If you are unable to conduct a pre-employment controlled substances test, in accordance with 49 CFR 382.301(a), you cannot allow a prospective employee to perform DOT safety sensitive functions until you receive a negative pre-employment test result, unless the exception in 49 CFR 382.301(b) applies.

• Post-Accident Testing – You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident as required by 49 CFR 382.303. However, if you are unable to administer an alcohol test within 8 hours following the accident, or a controlled substance test within 32 hours following the accident, due to disruptions caused by the COVID-19 national emergency, you must document in writing the specific reasons why the test could not be conducted, as currently required. See 49 CFR 382.303(d) and FMCSA Guidance at: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/commercial-motor-vehicle-operator-involved-accident-which

• Reasonable suspicion testing – You should document in writing the specific reasons why the test could not be conducted as required; include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. This documentation should be provided in addition to the documentation of the observations leading to a test, as required by 49 CFR 382.307(f). Follow current regulations addressing situations in which reasonable suspicion testing is not conducted, set forth in 49 CFR 382.307(e)(1), (2).

• Return-to-duty (RTD) testing – In accordance with 49 CFR 40.305(a), you must not allow the driver to perform any safety-sensitive functions, as defined in 49 CFR 382.107, until the RTD test is conducted and there is a negative result.

• Follow-up testing - If testing cannot be completed, you should document in writing the specific reasons why the testing could not be conducted as in accordance with the follow-up testing plan; you should include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. You should conduct the test as soon as practicable.

FMCSA-Regulated Employees:

Please follow the ODAPC guidance, as set forth below, and available at: https://www.transportation.gov/odapc/compliance-with-dot-drug-and-alcohol-testing-regulations.

If you are experiencing COVID-19-related symptoms, you should contact your medical provider and, if necessary, let your employer know about your availability to perform work.

If you have COVID-19-related concerns about testing, you should discuss them with your employer. FMCSA joins ODAPC in suggesting that employers respond to employee concerns in a sensitive and respectful way.

• As a reminder, it is the employer’s responsibility to evaluate the circumstances of what may be considered an employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i). 

FMCSA CLEARINGHOUSE LIVE 01/06/2020

Purchasing a Query Plan

All employers of CDL drivers must purchase a query plan in the Clearinghouse. This query plan enables employers, and their consortia/third-party administrators (C/TPAs), to conduct queries of driver Clearinghouse records.

Beginning fall 2019, registered employers will log into their Clearinghouse accounts to purchase their query plan. Query plans may be purchased from the FMCSA Clearinghouse only.

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Why do I need to purchase a query plan?

Employers are charged a fee for conducting queries in the Clearinghouse.

Employers must purchase a query plan to ensure they and their designated C/TPAs can conduct queries. C/TPAs cannot purchase queries on behalf of employers.

Note: Working with a C/TPA to manage a drug and alcohol testing program is a requirement of all owner-operators (employers who employ themselves as CDL drivers).

The Clearinghouse final rule requires that employers conduct queries:

As part of any pre-employment driver investigation.

At least annually for every CDL driver currently employed.

Which query plan is right for me?

The query bundle you purchase will depend on the number of queries you will need to conduct.

Not sure how many queries you will need to conduct?

Select a query bundle large enough to cover the amount of drivers you currently employ. You can purchase additional plans as needed.

If, due to the number of drivers you employ, you anticipate having to conduct a high volume of queries on an annual basis, view the options for high-volume users.

Collection bottle


NEW DRUG TESTING CCF FORMS


On January 1, 2018

The Department of Transportation made changes to its drug testing panel that modify 49 CFR Part 40. The final ruling aligns the DOT panel with the Department of Health and Human Services (DHHS) panel changes that went into effect on October 1, 2017.

The revised change mandates that DOT regulated programs test for additional Schedule II substances including hydrocodone, oxycodone, hydromorphone and oxymorphone. It also added methylenedioxyamphetamine (MDA) as an initial analyte and removed testing for methylenedioxyethylamphetamine (MDEA).

DOT will still refer to the updated drug panel as a 5 panel but opiates will now be referred to as opioids. Adding these semi-synthetic opioids is intended to help address the nationwide epidemic of opioid abuse and help detect a broader range of drugs being used illegally.

As part of the changes, the Office of Management and Budget (OMB) revised the Federal Drug Testing Custody and Control Form (CCF). While the panels were automatically updated on January 1, 2018, you do not need to start using the new chain of custody forms until July 1, 2018. If old CCFs are used after Jun 30, 2018 a memorandum must be completed for the records per §40.205(b)(2).

What is the difference between the new and old CCF?

In Step 1D: there are minor cosmetic changes including removal of the checkbox, the letters “DOT” and hash line in front of the text “Specify DOT Agency”

In Step 5A: the addition of the four new analytes and removal of the methylenedioxyethylamphetamine (MDEA)

What should I do to prepare for the new form?

You can continue using your old forms until July 1, 2018. LabCorp customers will receive a small quantity of the new forms automatically in the coming months which will be shipped to the address listed on the chain of custody form. Quest Diagnostics will not be shipping the new forms, but you can reach out to Quest directly for these forms or your third-party drug testing partner.

7/3/2015 5:08pm

The Federal Custody and Control Form (CCF) and information regarding the use of the CCF are available at the SAMHSA website Additional information was presented at the October 19, 2014 NLCP Inspector/Lab Director Workshop and made available to HHS-certified laboratory staff and NLCP inspectors on April 10, 2015. This information includes defined formats for use of the Federal CCF as a paper (hardcopy) form, an electronic (digital) form, or a combination electronic and paper format.


Some HHS-certified laboratories have proposed a type of combination electronic/paper CCF system that differs from that defined by SAMHSA. The proposed systems employ an electronic CCF signed by the collector using an electronic signature and a paper CCF (i.e., printed copy of the eCCF) signed by the laboratory accessioner using a wet signature.


SAMHSA has determined that, for this type of combination electronic/paper system to meet forensic chain of custody requirements, the single printout of the Federal eCCF Copy 1 (i.e., with printed electronic signature of the collector) that is sent to the laboratory with the specimen and used as the chain of custody form by the laboratory must be identified as a unique copy (i.e. the authoritative copy). The accessioner must verify that the CCF received is identified as the authoritative copy prior to signing, thereby providing the necessary link to the eCCF for maintenance of the chain of custody.


The defined formats for the Federal CCF will be included in the NLCP Manual for Urine Laboratories and the NLCP Manual for Urine Instrumented Initial Test Facilities (IITFs), which are currently under revision.


If you have any questions concerning this issue, please contact NLCP staff at [email protected] or (919) 541-7242.


See the defined formats here.

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FMCSA Declares Laredo, Texas, Trucking Company an Imminent Hazard to Public Safety, Orders Shut Down


WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has ordered Laredo, Texas-based REDCO Transport, Ltd., USDOT No. 1670585, to immediately cease its trucking operations, declaring the company to be an imminent hazard to public safety. REDCO operates a fleet of 112 trucks transporting general freight.

"It is unacceptable for commercial truck and bus companies to disregard critical safety regulations that serve to protect the motoring public," said U.S. Transportation Secretary Anthony Foxx. "Companies that choose to needlessly endanger innocent lives will be blocked from operating on our highways and roads. There is no higher priority than safety."

On Aug. 12, 2013, a truck operated by REDCO crashed into a van stopped on the shoulder of Interstate 20 in Louisiana. Three people, including the truck driver, were killed. Within hours of the crash, FMCSA launched an investigation into REDCO and found the company had routinely failed to ensure its drivers comply with federal hours-of-service regulations designed to prevent fatigue, including limitations on daily driving and maximum on-duty hours. The investigation further found that REDCO failed to ensure its drivers complied with controlled substances and alcohol use and testing regulations, and failed to ensure its drivers were properly qualified. In some instances, drivers were dispatched before federally required pre-employment drug test results were received.

"Blatant disregard of federal rules compromises the safety of every traveler on our roadways," said FMCSA Administrator Anne S. Ferro. "We will continue our vigorous enforcement efforts and our close collaboration with state and local authorities to further improve roadway safety every day, every mile, everywhere."

Since the beginning of 2013, FMCSA has issued out-of-service orders to a total of 10 trucking companies and 25 bus companies. The agency has also declared seven commercial driver's license holders as imminent hazards, blocking them from operating in interstate commerce.

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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA) ANNOUNCES A NOTICE OF PROPOSED RULEMAKING ON THE MEDICAL EXAMINER'S CERTIFICATION INTEGRATION

May 10, 2013

WASHINGTON, DC - FMCSA announced a notice of proposed rulemaking (NPRM), the Medical Examiner's Certification Integration. This NPRM is a follow-on rule to the National Registry of Certified Medical Examiners (National Registry) published on April 20, 2012, and the Medical Certification Requirements as part of the Commercial Driver's License (CDL) rule (Med-Cert rule) published on December 1, 2008.

FMCSA proposes that certified medical examiners (MEs) listed on the National Registry be required to report results of all completed physical examinations of commercial drivers (including those where the driver was found not to be qualified) to FMCSA by close of business on the day of the examination. For holders of CDLs and Commercial Learner's Permits (CLPs), FMCSA proposes transmitting driver identification, examination results, and restriction information electronically from the National Registry system to the State Driver Licensing Agencies. Transmittal of this information would allow authorized State and Federal enforcement officials to view the most current and accurate information regarding the medical status of the commercial motor vehicle (CMV) driver, all information on the Medical Examiner's Certificate, and the medical variance information (as defined above) to include dates of issuance and expiration.

For more information or to read the NPRM, the Medical Examiner's Certification Integration, visit http://www.regulations.gov and search for Docket Number FMCSA-2012-0178. This NPRM demonstrates FMCSA's commitment to making our Nation's highways safer.

NEW ALABAMA CDL REQUIREMENTS

In an effort to streamline commercial driver's license (CDL) procedures throughout all states, medical cards will now be required as part of the CDL application process. The measure goes into effect January 30th, 2012.

The following update, specific to CDL holders in Alabama comes courtesy of our friends at the Alabama Truckers Association.

Beginning Jan. 30, 2012, the Alabama Department of Public Safety's Driver License Div., in accordance with new federal guidelines, will require new applicants for commercial truck and bus driver licenses to submit a photocopy of their medical certificate. This change also affects current CDL holders wanting to renew, transfer or change class or endorsement.

Current CDL holders must submit a photocopy of their medical card to DPS either in person, by fax or by mail to continue holding a commercial driver license. The final deadline to provide medical certificates is Jan. 30, 2014.

Full ATA regulatory update can be found here: http://www.alabamatrucking.org/articles/templates/?a=813&z=1

Please note this does not affect DOT physical requirements nor does it impact any DOT drug screening guidelines. For questions or more information, contact the Alabama Department of Public Health via email at [email protected]

Our Services

DOT has Date Extended for Mandatory Use of New Alcohol Test Form

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The specific revisions to the Mandatory Guidelines were summarized in our February 8, 2010 article, U.S. DOT Proposes Requiring Drug Testing for Ecstasy, Lowering Cutoff for Cocaine and Amphetamines.

Public Interest Exclusion (PIE)

The final rule includes a public interest exclusion (PIE) mechanism designed to protect the public from the affects of serious noncompliance by service agents.

In the Matter of: MICHAEL R. BENNETT and WORKPLACE COMPLIANCE, INC. DOT PIE No. 2009-1

DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE

Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in states that have enacted laws authorizing the use of "medical marijuana." http://www.justice.gov/opa/documents/medical‐marijuana.pdf.marijuana.pdf.marijuana.pdf.


September 2009 Employment Down 4.4 Percent from September 2008

U.S. scheduled passenger airlines employed 4.4 percent fewer workers in September 2009 than in September 2008, the 15th consecutive decrease in the U.S. Department of Transportation’s Bureau of Transportation Statistics (BTS) reported today. FTE calculations count two part-time employees as one full-time employee.

BTS, a part of the Research and Innovative Technology Administration, reported that the September FTE total of 380,014 for the scheduled passenger carriers was 17,380 below September 2008 and the lowest total for any month since 1993. Historical employment data can be found on the BTS web site at http://www.bts.gov/airline_employment/src/index.xml.

All the network airlines decreased employment from September 2008 to September 2009 as did low-cost carriers Southwest Airlines, Spirit Airlines and Frontier Airlines. Regional carriers American Eagle Airlines, SkyWestAirlines, ExpressJet Airlines, Comair, Atlantic Southeast Airlines, Pinnacle Airlines, Horizon Air, Mesa Airlines, Air Wisconsin Airlines, and Colgan Airlinesalso reported reduced employment levels compared to last year.

Scheduled passenger airline categories include network, low-cost, regional and other airlines.

The seven network airlines employed 254,866 FTEs in September, 67.1 percent of the passenger airline total, while low-cost carriers employed 16.4 percent and regional carriers employed 14.7 percent.

See BTS Passenger Airline Employment press release for summary tables and additional data.

ANNUAL SUMMARY REPORT FOR DRUG AND ALCOHOL TESTING

The annual summary must be completed using the form enclosed with the letter that stated you have been selected to report this year or by submitting the information on-line at http://damis.dot.gov. Failing to submit the form or to ensure its accuracy may result in an enforcement action against your company as prescribed in 49 U.S. Code (U.S.C.) 21 (b).

To submit your data on-line, you will need to use your USDOT Number and PIN. The USDOT number serves as your username, and your PIN serves as your password. Your USDOT number is located in the upper left-hand corner of the mailing label affixed to the survey form sent to you. If you do not know your PIN, go to safer.fmcsa.dot.gov to request a PIN.

Please note that the information requested is only for those drivers associated with the USDOT number listed on the forms enclosed with the letter you received. Information should not be submitted for other related corporate entities associated with your operation, nor should you include information on drivers from other companies that belong to your testing consortium.

The annual summary must be returned by the date given in the letter either on-line at http://damis.dot.gov, or to the Federal Motor Carrier Safety Administration, MC-RI, 1200 New Jersey Avenue SE, Washington, DC 20590. If you have any questions, please contact the FMCSA Division Office located in your state