Not Everyone Happy With Potential FMCSA Clearinghouse Delay
Topic 27013 | Page 1
This from FMCSA:
What if I fail/refuse a drug/alcohol screening? You fail a drug or alcohol test by testing positive to a drug test, or registering a 0.04 or greater alcohol content. Either of these results requires you to be immediately removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional.
I'm not 150% sure - but there isn't anything in the FMCSA Regs that require a CDL to be SUSPENDED OR REVOKED for a failed screening (unlike convictions for impaired driving with either drugs or alcohol).
The only thing FMCSA REQUIRES - is that you be removed FROM DRIVING - not LOSE YOUR CDL.
So I'm not sure why State DMV's even have to be on the clearinghouse - since failed tests do not affect HOLDING A CDL - just being able to DRIVE ON ONE (though some states may have stricter laws regarding failed tests).
Another note from FMCSA on NON-DOT TESTING BY EMPLOYERS: NOTE REGARDING NON-DOT TESTING: DOT does not prohibit motor carrier employers from instituting a “company authority” testing program that is in addition to, and distinct from, the required DOT testing program. Under such non-DOT programs, employers could test for other drugs. DOT also does not prohibit employers from using tests of non-urine specimens under a non-DOT program. DOT regulations at §382.601 provide that employer materials supplied to drivers may include information on additional employer policies with respect to the use of alcohol or controlled substances, including any consequences for a driver found to have a specified alcohol or controlled substances level, that are based on the employer's authority independent of this part. Any such additional policies or consequences must be clearly and obviously described as being based on the employer's independent authority.
Which brings up yet another issue. Since things like hair tests aren't yet "DOT APPROVED TESTING METHODS", nor do tests for other then the five substances: Marijuana, Cocaine, Opiates – opium and codeine derivatives, Amphetamines and methamphetamines, Phencyclidine – PCP (I mean - WHO DOES PCP ANYMORE anyways?) actually constitute a "DOT DRUG SCREEN" - these "technically" aren't reportable as a "Failed Drug Screen" to the clearinghouse.
As we all know - failing a hair test is just as bad as a DOT Urine fail - but is it LEGALLY REPORTABLE to the clearinghouse? According to the regs, it wouldn't be (though it would go on a DAC as a failed pre-employment screen).
If failing a screen does NOT SUSPEND YOUR CDL - then why do state licensing authorities have to access it?
The clearinghouse is a good idea - similar to the DOT Medical Database. But there seems to be many more twists and turns in compliance to making it work - while preserving the rights and privacy of THE DRIVERS. Not that I hold any sympathy for someone who FAILS - but they still have RIGHTS. And with the kind of folks working at the DMV - not sure I would want them "randomly poking around" on a FMSCA Database, mush less potentially being able to make edits.
Another thing to note: ARE WE SIGNED UP FOR THE CLEARINGHOUSE? I just did - even though I'm not driving. "Technically" - anyone who holds a CDL should be signed up.
Not really sure this thing is "ready for prime time". What government system is EVER READY when they say it's supposed to be?
Rick
CDL:
Commercial Driver's License (CDL)
A CDL is required to drive any of the following vehicles:
- Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
- Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
- Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
- Commercial Drivers' Licenses
- Data and Analysis
- Regulatory Compliance and Enforcement
- Research and Technology
- Safety Assistance
- Support and Information Sharing
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
CMV:
Commercial Motor Vehicle
A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:
- Weighs 10,001 pounds or more
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation
- Is designed or used to transport 9 or more passengers (including the driver) for compensation
- Is transporting hazardous materials in a quantity requiring placards
Dm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.Fm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.DMV:
Department of Motor Vehicles, Bureau of Motor Vehicles
The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.
DAC:
Drive-A-Check Report
A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).
It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.
Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.
New Reply:
New! Check out our help videos for a better understanding of our forum features
Preview:
Why Join Trucking Truth?
- The High Road Training Program
- The High Road Article Series
- The Friendliest Trucker's Forum Ever!
- Email Updates When New Articles Are Posted
Apply For Paid CDL Training Through TruckingTruth
Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:
TT On Facebook
Not everyone happy with potential FMCSA clearinghouse delay
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
Fm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.