FMCSA Clearinghouse: How WFQA Can Help

 

January 6th, 2020 is fast approaching and WFQA is ready to assist. As your Third-Party Administrator (TPA), WFQA is offering the following services to assist you in keeping compliant with new FMCSA Drug and Alcohol Clearinghouse regulations:

Service: Pre-Employment Query (Full Query)

Fee: $.75 per query (subject to review and adjustment)

Details: Pre-Employment Queries can be ordered through the CSS system during the Pre-Employment Test Request process. WFQA will generate the requests daily in the Clearinghouse on your behalf and notify you of any violations. Because query functionality is not yet released in the Clearinghouse, we cannot provide a complete service description at this time. When full functionality has been released in the Clearinghouse, our service offering is subject to change

Next Step: Contact sales@wfqa.com to sign-up for the query service.

 

Service: FMCSA Drug and Alcohol Policy Addendum

Fee: No charge for Clearinghouse Policy Addendum. Detailed/customized policy consultation and development subject to additional fees. Please contact WFQA if you are interested in purchasing a policy or comprehensive policy review.

Details: It’s important that you update your Drug-Free Workplace Policy to be current with Clearinghouse regulations. We are providing addendum language (below) on the Clearinghouse which can be inserted into your FMCSA Drug and Alcohol Policy. This language will keep your policy compliant with the revised §382.601 which requires you to include information about the FMCSA Clearinghouse.

Next Step: Insert the Addendum language below into your policy and contact compliance@wfqa.com for more assistance with your policy.

 

Sample FMCSA Policy Addendum

The following sample Policy Addendum is provided as a courtesy to help our FMCSA-regulated clients modify their FMCSA Drug and Alcohol Policy to include the requirements for implementing the FMCSA CDL Drug and Alcohol Clearinghouse, effective January 6, 2020.  It is strongly recommended that you review your FMCSA Policy and update it as necessary to include relevant text about the Clearinghouse.

49 CFR Part 382 Subpart G—Requirements and Procedures for Implementation of the Commercial Driver’s License Drug and Alcohol Clearinghouse, Effective January 6, 2020

CLEARINGHOUSE REQUIREMENTS

As part of the continuing efforts to promote safe roadways and to ensure only qualified CDL drivers are performing safety-sensitive duties, FMCSA has created the CDL Drug and Alcohol Clearinghouse for querying and reporting CDL drivers’ compliance with 49 CFR Part 382, including CDL drivers’ drug and alcohol testing violations and other pertinent information.   Employers are required to query the database on an annual (or more frequent basis) for each current CDL driver, and as part of the pre-employment screening process for each driver applicant.  In addition, Employers are required to report driver-specific Part 382 drug and alcohol violations to the Clearinghouse.

CLEARINGHOUSE QUERIES AND DRIVER CONSENT

The Employer shall conduct a query of the Clearinghouse for each driver applicant before hiring into a CDL position.  Driver consent is required for the query.  Each driver applicant must register in the Clearinghouse and execute the FMCSA Clearinghouse electronic specific consent.  If a driver applicant refuses consent, the Employer cannot hire the driver.  When the query result states that the driver is qualified under Part 382, the Employer may hire the driver.  If the query result states that the driver has Part 382 violations and has not completed the return to duty requirements of Part 40, Subpart O, the Employer cannot hire the driver.

The Employer shall query the Clearinghouse at least annually on each driver employed.  Driver consent is required.  Each driver shall sign a consent form provided by the Employer.  The general consent form may be used for multiple Clearinghouse queries and can extend for the tenure of the driver’s employment.  If the driver refuses consent for the query, the driver will be removed from driving duty and cannot resume driving duty until the query is conducted.  If the query results in notice that drug and alcohol violation information exists in the Clearinghouse for the driver, the Employer must conduct a full query of the driver’s record in the Clearinghouse after obtaining a specific FMCSA Clearinghouse consent executed by the driver via the Clearinghouse.

CLEARINGHOUSE REPORTING REQUIREMENTS

Employers must report Part 382 drug and alcohol testing information to the Clearinghouse using driver-specific identification data including driver name, CDL license number and State of issuance, and driver date of birth.  No driver consent is required for such reporting.

The Employer must report the following Part 382 drug alcohol testing and violation information to the Clearinghouse within 3 business days of obtaining the information:

  • Alcohol confirmation test with a concentration of 0.04 or higher.
  • Refusal to test (alcohol) as specified in 49 CFR 40.261.
  • Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR 40.191.
  • Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a controlled substance.
  • Negative return-to-duty test results (drug and/or alcohol testing, as applicable)
  • Completion of follow-up testing requirements.

The Employer’s Medical Review Officer (MRO) must report the following Part 382 violations to the Clearinghouse within 2 business days:

  • Verified positive, adulterated, or substituted drug test results.
  • Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR 40.191.

Substance Abuse Professionals (SAP) must report within one business day:

  • Driver information and date of initial evaluation
  • Date of successful completion of treatment and/or education and the determination of eligibility for return-to-duty testing

DRIVER ACCESS TO CLEARINGHOUSE

A driver must register in the Clearinghouse in order to access his/her Clearinghouse records, and in order to provide specific consent for the pre-employment full query by any prospective employer.  The driver may receive notices and communication from the FMCSA clearinghouse via US mail, or designated electronic means (email/text, etc.).  Any driver or authorized representative of the driver may submit a petition to the FMCSA contesting the accuracy of information in the Clearinghouse, using the procedures specified in §382.717.