The Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse, which is currently open for enrollment, provides employers with an accurate “real-time” source of information regarding whether a potential driver has an outstanding drug or alcohol violation.
The Drug and Alcohol Clearinghouse is expected to be fully functional by Jan. 6, 2023. Employers may now access the database to submit a query on a potential employee and to provide updates on current drivers. If the person has an unresolved drug or alcohol violation—originating from anywhere in the country—they should not be hired to drive until the return-to-duty process is successfully completed.
Getting over instead of getting help
Currently, a dishonest driver has a couple of ways to get around Department of Transportation (DOT) regulations when they receive a drug or alcohol violation.
Some drivers just pack up and move to an entirely different state. They obtain a commercial driver’s license (CDL) there and simply “start fresh.” The Clearinghouse will eliminate that possibility entirely. Other employees with past violations might begin applying for jobs and avoid dealing with the issue by not listing certain employers on the job application.
Meanwhile, both scenarios usually include failure to contact a substance abuse professional (SAP) to start the return-to-duty process. This means that if they have a problem with drugs or alcohol—and there’s a pretty good chance they do—they could be continuing to operate a commercial vehicle while impaired.
Keeping its finger on the pulse
The FMCSA, as a division of the DOT, oversees the trucking industry to increase the safety of citizens traveling on the nation’s highways. One way they do so is by drug testing employees in certain situations, including:
- pre-employment
- random
- reasonable suspicion
- post-accident
- return to duty
- probationary
While the Clearinghouse is a work in progress and should not be used as a sole source of information, it will be a useful tracking system in place for drivers who obtain a drug or alcohol violation. Companies should continue to contact previous employers in addition to querying the database over the next three years, until the new system becomes available.
At the end of that time frame, the FMCSA has declared that the Clearinghouse will be a constant and consistent source of accurate, “real-time” information. Contacting previous employers will no longer be necessary at that point.
Employers and others cleared to access the secure database will instantly be aware of any unresolved drug or alcohol violations. Others qualified to use the site are:
- FMCSA;
- state driver licensing agencies
- state law enforcement personnel
- service agents such as medical review officers (MRO), SAPs and consortia/third-party administrators (C/TPAs)
Employers or the C/TPA acting on their behalf must report violations by the close of the third business day after obtaining the information.
Records retained in the Clearinghouse include:
- positive drug or alcohol tests
- employers’ direct knowledge of illegal drug or alcohol use on the job or just prior to beginning work
- test refusals
- completed return-to-duty process and follow-up testing
- employer reports of negative return-to-duty test results
Violation records are kept on file for five years from the date of the violation—or until the violation is resolved through the successful completion of the return-to-duty process.
A firm foundation
The opening of the FMCSA Clearinghouse is a big step toward giving employers the ability to hire new employees without the chance of an unresolved drug or alcohol violation in their past.
The DOT requires employee drug testing for the same reason that employers of the general workforce drug test. It’s for safety’s sake. Employees impaired by drug or alcohol use are more likely to be involved in a workplace accident. When someone’s place of business is sitting behind the wheel of a big rig or passenger vehicle, they’re putting everyone on the road at risk.
In addition, statistics show that employers that start a drug-free program see less absenteeism, improved productivity and a decrease in health care costs.
The DOT requires employers to have a list of resources available to share with employees who test positive on a drug test. This enables employers not only to begin the return-to-duty process, but also to offer very real support for individuals with substance abuse problems.
