OTA Dispatch Issue 4 2019

26 Oregon Trucking Associations, Inc. Oregon Truck Dispatch WITH THE PASSING of the MAP-21 Act in 2012, Congress mandated that the FMCSA improve safety on our roads. One of the ways the FMCSA is accomplishing this mandate is to establish a Drug and Alcohol Clearinghouse for CDL drivers. Currently, drivers who have tested positive or refused to test for one employer will go to work for another employer without disclosing the violation or completing the return-to-duty process. The purpose of the Clearinghouse is to close this loophole by storing these violations in a central location and requiring employers to check for these records before handing over the keys. USERS OF THE CLEARINGHOUSE The FMCSA opened registration to the Clearinghouse on September 30, 2019. Employers, Third-Party Administrators (TPAs), Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), and drivers can all register for the Clearinghouse now. The registration process can be quite complicated, as it requires two-factor authentication. In addition, employers need access to their FMCSA Portals in order to complete registration. Registration must be complete in order to interact with the Clearinghouse, and each user will interact with the Clearinghouse differently. Below is a table of interactions by user: Other federal agencies will also have access to the Clearinghouse database. Motor Carrier Safety Assistance Program partner agencies will access the database for use during investigations, roadside inspections, and safety audits of motor carriers. The National Transportation Safety Board will access the system when a driver is involved in a crash under investigation by NTSB. In addition, state driver licensing agencies (SDLAs) will use the database to verify a driver’s qualification to operate a CMV prior to completing any licensing transactions, including issuance, renewal, transfer, or upgrade of any commercial learner’s permit or commercial driver license. This will be optional for SDLAs until January 6, 2023, in which time it will become a requirement for SDLAs to query drivers before issuing or renewing CDLs. INFORMATION TO BE REPORTED The Clearinghouse will only store records pertaining to FMCSA drug and/or alcohol violations that are verified on or after January 6, 2020. Violations committed under other modes of the DOT (FAA, FRA, FTA, PHMSA, USCG) or Non-DOT company policy will not be reported to the Clearinghouse. The table below shows records that will be reported, who reports the information, and the required timeframe in which the records need to be reported. CLEARINGHOUSE QUERIES & CONSENT The Clearinghouse has two query types: limited and detailed. A limited query only tells the user whether there’s information in the Clearinghouse on a specific driver. An employer must obtain written consent to run limited queries on drivers. This consent can be a blanket consent covering all limited queries throughout a driver’s employment. On the other hand, a detailed query returns all information that’s been reported to the Clearinghouse within a 3-year window on a specific driver. This query also displays whether the driver is eligible to perform safety-sensitive functions. Due to the nature of information provided by a detailed query, specific, electronic consent must be given by a driver each time a detailed query is run. Drivers must give this consent by logging into the Clearinghouse. EMPLOYER TPA MRO SAP DRIVER Register as a user X X X X X Manage assistants (optional) X X X X Select TPA X Request driver consent for queries X X Consent to full query requests X Query driver violations X X Report violations X X X Select SAP X Report on RTD initial assessment, eligibility for RTD testing X Report on RTD and follow-up testing X X