The Federal Motor Carrier Safety Administration (FMCSA) is doubling the minimum annual percentage rate for random tests of truck drivers for controlled substances. The announcement came just ahead of the official launch of the agency’s long-awaited drug and alcohol clearinghouse, which industry experts warn could slow the hiring process for fleets that are not prepared.
FMCSA said in a Federal Register notice the minimum percentage rate for random drug testing will rise to 50% annually from 25% as of Jan. 1. The minimum rate for random alcohol testing will remain at 10%.
The drug and alcohol clearinghouse is a central database of all positive test results, including test refusals.
It will close a “loophole in the system” that allowed drivers who failed a drug or alcohol test to attempt to find employment elsewhere without that carrier ever finding out about the initial failed test, Dave Osiecki, president of Scopelitis Transportation and Consulting, explained during a recent webinar hosted by DriverReach.
The clearinghouse was mandated by Congress as part of the MAP-21 highway funding law. A rule was finalized in December 2016 by FMCSA, which estimates this will eliminate nearly 900 crashes a year.
Motor carriers will need to check the database as part of the hiring process, in addition to querying each employed driver annually. All commercial drivers seeking employment with a carrier will also have to register.
Osiecki said if prospective drivers are not registered, it could slow the hiring process because the fleet would not be able to obtain consent and run a full query. Fleets will not be able to legally hire new drivers after Jan. 6 unless they are registered with the clearinghouse.
Violations that appear in the clearinghouse will only reflect those detected on or after Jan. 6. The database will be populated by carriers and third-party agents, and is available to CMV employees, state driver licensing agencies and law enforcement officials.
Existing company drivers not looking for work with other carriers do not need to register, though they may want to in order to have access to clearinghouse records.
Owner-operators will need to conduct queries on themselves at least once a year, and must designate a third-party administrator.
Technically, fleets that do not plan on hiring could wait until the week first of 2021 before they run any queries. However, Osiecki and Sean Garney, vice president of Scopelitis Transportation and Consulting, urged fleets not to wait that long. They recommended linking the annual limited query check of existing drivers with the annual motor vehicle records (MVR) check.
The limited query alerts a carrier if any information exists. After that happens, they have 24 hours to request a full query in order to determine if the driver is eligible to operate a commercial vehicle.
Osiecki warned against fleets attempting not to comply with the regulation, noting that FMCSA can easily monitor which DOT numbers have not been doing annual checks.
“From an enforcement standpoint, this helps FMCSA enforce the limited query requirement,” he said.
Garney and Osiecki outlined steps fleets should take to minimize disruptions, including creating a limited query consent form for drivers to sign, and developing a list of users allowed to access the clearinghouse.
Likewise, they should define who is in charge of the overseeing drug and alcohol testing procedures, and to register with the clearinghouse, if that has not already happened.
“The drug and alcohol clearinghouse will significantly improve highway safety,” said Jeremy Reymer, founder and CEO of DriverReach. “However, carriers will see a drastic change in compliance-related workflow, ultimately complicating the hiring process if unprepared for the increased administrative burden.”
DriverReach recently started incorporating functionality into its system to aid in compliance with the clearinghouse. The features include a link to the registration page, the ability to upload results from clearinghouse queries and the option to include a limited query consent form in the DOT application.
The clearinghouse was developed by FMCSA and the Volpe National Transportation Systems Center. It is expected to be agency’s largest database, with an estimated 4-6 million users, over 5 million annual queries and nearly 120,000 CDL driver violations reported annually. Information on the cost for clearinghouse queries and related details can be found at Clearinghouse.FMCSA.dot.gov/FAQ.
During December, FMCSA granted state motor vehicle licensing agencies a three-year delay to Jan. 6, 2023 before being required to file inquiries with the clearinghouse prior to granting CDLs. However, individual state agencies have the option to voluntarily comply prior to the 2023 deadline.
