FMCSA Proposes Commercial Driver’s License Drug and Alcohol Clearinghouse
The Federal Motor Carrier Safety Administration (FMCSA) has published a Notice of Proposed Rulemaking to establish a Commercial Driver’s License Drug and Alcohol Clearinghouse, a database administered by FMCSA that would contain drug and alcohol test result information for CDL holders. The proposed rule would require FMCSA-regulated motor carrier employers, Medical Review Officers, Substance Abuse Professionals, and consortia/third party administrators supporting DOT testing programs to report verified positive, adulterated, and substituted drug test results, positive alcohol test results, test refusals, negative return-to-duty test results, and information on follow-up testing.
The proposed rule would also require employers to report actual knowledge of traffic citations for driving a commercial motor vehicle while under the influence of alcohol or drugs. The proposed rule also would establish the terms of access to the database, including the conditions under which information would be submitted, accessed, maintained, updated, removed, and released to prospective employers, current employers, and other authorized entities. Finally, it would require labs that provide FMCSA-regulated motor carrier employers with DOT drug testing services to report annual, summary information about their testing activities. This rule is mandated by the Moving Ahead for Progress in the 21st Century Act. Comments are due April 21, 2014. http://www.gpo.gov/fdsys/pkg/FR-2014-02-20/html/2014-03213.htm