Compliance with DOT regulations for Drug and Alcohol Screening

The Department of Transportation (DOT) and Federal Motor Carrier Safety Regulations (FMCSR) have enacted Parts 40, 380, 382, 383, 387, 390-397, and 399 of subchapterB, Chapter III, Title 49 of the Code of Federal Regulations.

As a Consortium/ Third Party Administrator(s), we are involved with Parts 40, 380, 382, 390, 393, and 399. Parts 40, (https://www.transportation.gov/odapc/part40) and 382, (https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382?toc=1) are the main areas of regulation involved with drug and alcohol testing for DOT (Federal), training collectors, proper documentation, and record keeping. These regulations are industry standard for nonDOT (Forensic) tests as well.

FMCSA Clearinghouse (https://clearinghouse.fmcsa.dot.gov/) mandatory compliance is coming due November 18, 2024. The first Clearinghouse final rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), and consortia/third-party administrators (C/TPAs) to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40 and 382 by current and prospective employees.

The first Clearinghouse rule also requires the following:

• Employers are required to query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a CMV on public roads.

• Employers are required to annually query the Clearinghouse for each driver they currently employ. (https://clearinghouse.fmcsa.dot.gov/About)

The second Clearinghouse final rule (Clearinghouse-II) supports FMCSA’s goal of ensuring that only qualified drivers are eligible to obtain and retain a CDL. Beginning November 18, 2024, SDLAs (State Driver License Agency) will be required to remove the commercial driving privileges of drivers in a “prohibited” status in the Clearinghouse, which would result in a downgrade of the CDL until the driver completes the return-to-duty (RTD) process.

Clearinghouse-II also requires the following:

• SDLAs must also query the Clearinghouse before issuing, renewing, upgrading, or transferring CDLs and issuing, renewing, and upgrading CLPs.

• SDLAs must review a driver’s information when notified by FMCSA of a driver’s Clearinghouse status change. (https://clearinghouse.fmcsa.dot.gov/About)

Any questions can be directed to my email: choicesscreeningservices@gmail.com or call 715-301-0166.