UNDERSTANDING THE FMCSA CLEARINGHOUSE Indian diana a Testi ting ng Inc. c. (ITI) TI) Cynthia nthia Able, le, Direc ector of Operations ations Certif tified ied MROA A Septemb mber er 2019 (C) ITI 2019 1
Indiana Testing Inc. (ITI) is a national substance abuse and compliance solution provider founded in 1992. TRAINING CONSULTING SAFETY & COMPLIANCE DRUG & ALCOHOL El Mo Re Elect ctronic Dr Driver Qualifica cation Files Mock ck Au Audits ts Sup Regu gulated Dr Drug Testing upervisor Tra raining Mo Cor Brea Moto tor Ve Vehicl cle Re Records (MV MVR) orrect ctive Ac Acti tion Pl Plans (CAP) reath Al Alco cohol Testing (DOT DOT Re Requ quired Dr Drug/Alco cohol) Pre Safety Mea Ra Pre-employment Screening Pr Progr gram Measurement Pl Plans (SMP) D. Random Dr Drug Pr Program Ma Management D.E.R Tra raining On Nati (PS PSP) On-site te As Assistance ce Wi With th FMCS CSA Au Audits Ha tional DOT DOT Con onsortium Hazm zmat Re Refresher Course Crim An Nat riminal Back ckground Check cks (CB CBC) Annu nual Ap Appe pendix G Inspect ctions Hou Nationwide Clinic Da Database Hours of of Se Service ce Tra raining (Dr Drivers) EL CSA Dat Non ELD- Sales and nd Trai raining Data-Q Chal hallenges Hou on-Regulated Dr Drug Testing Hours of of Service ce Tra raining (Man Managers) Ma Poli Non Maintenance Files Policy cy De Development Ap on-Regulated — Hair, Oral ral, Lab b Based Appe pendix G An Annual Ins nspect ction FMCS Ons CSR Boo ooks nsite te Tra raining and nd Con onsulting for or Urin rine and nd Ra Rapid Testing available Mechanic Mec c Trai raining IFTA / IRP Ons RP Lice censing & Pr Preparati tion FMCS CSA issues Spe nsite te Dr Drug & Al Alco cohol Testing peci cimen Coll ollect ctor Trai raining On On-Site Trai raining Al Also Av Available (C) ITI 2019 2
TOP OPIC IC ON ONE What is the e Cle leari ring nghouse house? How w does es this is im impact act a mot a motor r ca carr rrier ier em emplo ployer? er? What mu must a mo motor r ca carr rrier er em emplo ployer er re repor ort? t? What inf nformati rmation on will ll be re repor orted ed by a C a C/TPA? (C) ITI 2019 3
What is the FMCSA Clearinghouse? ■ Published December 5, 2016, Mandated by Congress (MAP-21, Section 32402) ■ Established requirements for the Clearinghouse ■ February 2019, Information Phase ■ October 2019, Registration Opens ■ January 2020, Clearinghouse implementation date (C) ITI 2019 4
What is the FMCSA Clearinghouse? ■ The Clearinghouse is an electronic database containing records of violations of CDL drivers’ in regards to the regulated drug and alcohol program in Part 382. ■ Any violation for positive drug or alcohol test results, including refusals will be entered into the Clearinghouse database and recorded based off the drivers commercial drivers license number, name, and date of birth. (C) ITI 2019 5
How does this impact motor carrier employers? ■ The Clearinghouse regulations require employers to both query and report information regarding CDL drivers; ■ Employers will be required to report Clearinghouse specified violations of the DOT drug and alcohol testing program incurred by their current or prospective CDL drivers; ■ In addition, all employers of CDL drivers must conduct pre-employment full queries to determine whether the prospective new hire has unresolved drug and alcohol violations that prohibit them from performing safety-sensitive functions; ■ Employers will also be required to query the Clearinghouse annually to determine whether any current CDL employees have incurred drug and alcohol violations while working for another employer while also working for you. (C) ITI 2019 6
Wh What at in informa ormation tion mu must st mot motor or ca carrier rrier empl employer ers re repor port? t? ■ Alcohol confirmation test result with an alcohol concentration of 0.04 or greater; ■ Alcohol refusal to test as specified in 49 CFR 40.261; ■ Drug refusal to test not requiring a determination by the MRO as specified in 49 CFR 40.191; ■ Negative return-to-duty test result; ■ Completion of follow-up testing; ■ Actual Knowledge, as defined in 49 CFR 382.107; – means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use. **Empl mployers ers must t submi mit t drug and alcohol hol violat ations ons by the close se of the third d busin siness ess day followi wing ng the date on which h the emp mployer er obta tain ined ed the infor orma mati tion* on** (C) ITI 2019 7
Wh What inf nformation ormation will l ITI repor ort t on n your ur behalf lf as your drug g and alcohol ol C/TP TPA? A? ■ MRO verified positive, adulterated, or substituted drug test result; ■ Alcohol confirmation test result with an alcohol concentration of 0.04 or greater, if your employee tests 0.04 or greater for a breath alcohol test, DER MUST insure that a copy of the COC has been faxed to ITI’s MRO; ■ Refusal to test (alcohol) as specified in 49 CFR 40.261; ■ Negative return-to-duty test result; ■ Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR 40.191; ■ Drug refusal to test not requiring a determination by the MRO as specified in 49 CFR 40.191, DER must send to ITI in writing the determination of the refusal to test, then result will be reported; ■ Some examples: (THESE ARE JUST EXAMPLES OF SOME COMMON REFUSAL TO TEST SCENARIOS) 1) Donor does not go to collection site for required drug/alcohol testing after being notified by DER. 2) Donor does not stay at collection site for required drug/alcohol testing. 3) Donor tells DER they do not have time and will not go today. (C) ITI 2019 8
TOP OPIC IC TWO Wh What is a a q query? y? Are e ther ere e more e than one? e? How much ch do do they cost? st? Wh When en do does es an empl employer er run a q quer ery? y? (C) ITI 2019 9
Wh What at is is a q a quer uery y an and d wh what at ar are e th the di e differ eren ent t ty types? es? A query is an electronic check in the Clearinghouse database, conducted by an employer or their designated C/TPA, to determine if current or prospective employees are prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to unresolved drug and alcohol program violations. ■ Limited ed Querie ies: s: Checks for the presence of information in the queried driver’s Clearinghouse record. Driver consent is obtained outside the Clearinghouse. ■ Full Queries: es: Discloses to employers and designated C/TPAs detailed information about any resolved or unresolved violations in a driver’s Clearinghouse record. QUER QUERIE IES ARE RE A $1.25 25 FLA LAT RA RATE FOR LI LIMITED MITED OR OR FULL ULL QUERIE QUER IES. PLANS LANS CA CAN BE BE PUR URCH CHASE ASED DIREC DIRECT THR THROUG OUGH TH THE CLEARINGH EARINGHOUSE OUSE. (C) ITI 2019 10
FACT CTS S FOR LI LIMITE ITED QUE UERIES ES ■ Used for currently employed CDL Drivers; ■ Must have written consent from all CDL Drivers to run a limited query; – Can use a standard consent for information, stating driver name, company name, pulling query for FMCSA clearinghouse, and date for the duration of employment, signed and dated. ■ Must run a limited query on all drivers at least once per year, but can be ran as many times as you may like. (C) ITI 2019 11
FACTS CTS FOR OR FU FULL QU QUER ERIES IES ■ Used for all prospective pre-employment new hires; ■ Used for currently employed CDL Drivers that the limited query returned a result that there is information recorded in the Clearinghouse about the queried driver; ■ CDL Drivers must give full consent through the FMCSA Clearinghouse. (C) ITI 2019 12
When hen must st a mot a motor or ca carrier rrier empl employer er que uery y in information? ormation? ■ Em Employers s will be requi uire red d to conduc nduct t a l limited d que uery y on cur urrently rently-emplo loyed ed CDL driver ers s at least t once ce a year. . The e annual ual que uery y is the e minimu imum m requi uirem remen ent t and employers may conduct queries more often, as long as they obtain the employee’s consen nsent. t. ■ Prospec specti tive e emplo loyers s mus ust t conduct nduct a ful ull pre-emplo loym yment nt que uery y of the e Clear aringho inghouse use prior r to emplo mploying ng a d driver er to perform orm a safety ty-sensi sensitiv tive e fun uncti tion. on. (C) ITI 2019 13
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