US DOT Announces National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers | Practical Law

US DOT Announces National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers | Practical Law

The US Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) issued a final rule establishing a national drug and alcohol clearinghouse which will serve as a database for records of violations of FMCSA's drug and alcohol testing program by commercial bus and truck drivers.

US DOT Announces National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers

by Practical Law Labor & Employment
Published on 06 Dec 2016 • USA (National/Federal)
The US Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) issued a final rule establishing a national drug and alcohol clearinghouse which will serve as a database for records of violations of FMCSA's drug and alcohol testing program by commercial bus and truck drivers.
On December 2, 2016, the US Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) announced the issuance of a final rule establishing a national drug and alcohol clearinghouse to serve as a database for records of violations of FMCSA's drug and alcohol testing program by commercial bus and truck drivers.
Once the rule is established, motor carrier employers will be required to:
  • Search the system for information regarding current or prospective employees who have unresolved violations of the federal drug and alcohol testing regulations (with former employers) that prevent them from operating commercial motor vehicles.
  • Report information about drivers who:
    • test positive for drugs or alcohol;
    • refuse to participate in a drug or alcohol test; or
    • undergo the drug and alcohol rehabilitation process that is required for drivers to return to duty.
  • Conduct pre-employment drug testing and random drug and alcohol testing.
  • Prevent employees from performing safety-sensitive tasks, such as operating commercial motor vehicles, if they fail a drug or alcohol test.
Drivers must grant consent before:
  • An employer can request access to that driver's clearinghouse record.
  • FMCSA can release the driver's clearinghouse record to an employer.
The final rule becomes effective January 4, 2017, but employer compliance is not required until January 6, 2020.