With more than 175,000 commercial drivers currently flagged as "prohibited" in the Federal Motor Carrier Safety Administration's Drug & Alcohol Clearinghouse, upcoming changes to the program will pose challenges for both drivers and employers. The Clearinghouse, which began operations on Jan. 6, 2021, was designed as a centralized database to track violations related to drug and alcohol testing for commercial driver's license (CDL) holders.
The next phase is known as Clearinghouse-II. Its goal is to take disqualified drivers off the road starting Nov. 18, 2024, to improve safety and help prevent truck accidents.
What does Clearinghouse-II mean for CDL drivers?
The new regulation requires State Driver Licensing Agencies (SDLAs) to take action against drivers listed as "prohibited" in the Clearinghouse. This involves removing commercial driving privileges until the driver completes a federally mandated return-to-duty (RTD) process. Some states may begin enforcement before the deadline if they have the legal authority to query the Clearinghouse and act accordingly. For CDL holders, this means any unresolved drug or alcohol violations could result in the loss of their license.
What does the DOT return-to-duty process entail?
The RTD process is required for drivers who fail or refuse a Department of Transportation (DOT) drug or alcohol test or those flagged as "prohibited" following a Clearinghouse query. It begins with immediately removing the driver from safety-sensitive tasks, including operating commercial vehicles.
To regain driving privileges, drivers must complete several steps, including:
- Starting with a substance abuse evaluation conducted by a qualified professional known as a Substance Abuse Professional (SAP).
- Undergoing treatment or education programs recommended by the SAP, followed by a follow-up evaluation.
- Once cleared by the SAP, the driver can take a return-to-duty drug or alcohol test.
- Even if they pass the test, the driver must continue participating in a series of unannounced follow-up tests over a period set by the SAP.
How can employers get ready for Clearinghouse-II now?
Employers should prioritize checking the Clearinghouse for unresolved violations to avoid disruptions when the Clearinghouse-II regulation takes effect. This involves conducting regular limited queries to identify issues and performing full queries if potential violations are detected. If violations occur, employers must immediately remove affected drivers from safety-sensitive duties and ensure they complete the RTD process before returning to work.
Additionally, all drivers covered by DOT regulations should be enrolled in an ongoing drug and alcohol testing program. This should include pre-employment, random, post-accident, and reasonable suspicion testing. Employers should also maintain accurate records of all Clearinghouse queries and signed consent forms to demonstrate compliance during audits.
Thorough record-keeping is a major part of meeting the new requirements. Trucking employers should keep detailed records of all DOT drug and alcohol tests, Clearinghouse queries, and consent forms to demonstrate compliance. Employers should retain proof of completion for drivers who have completed the RTD process to show they have been cleared for safety-sensitive duties.
How can motor vehicle record (MVR) monitoring help?
While running annual MVR checks on drivers is a requirement for DOT-regulated businesses, relying solely on these annual reviews may leave companies vulnerable to compliance risks. If a driver's CDL is suspended due to Clearinghouse-II, the company might not learn about it until the next annual MVR review. This delay can lead to drivers unknowingly operating without a valid license.
More frequent MVR monitoring allows employers to identify license changes in real-time. This makes it easier to address problems promptly and ensures all drivers remain in good standing. Implementing a program to check MVRs regularly can ensure that all drivers are cleared to operate safely, which can, in turn, help prevent serious and fatal truck accidents.
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