Proposed Rule : Drug history database for commercial Drivers

Proposed Rule : Drug history database for commercial Drivers


The Federal Motor Carrier Safety Administration (FMCSA) wants to make it easier for companies to find out if a commercial driver has past drug or alcohol violations. But the rule includes a requirement for employers as well.

The agency issued a proposed rule that would create a “drug and alcohol clearinghouse” for all commercially licensed drivers. Companies would be required to search the online database to ensure potential drivers are legally allowed to have safety-sensitive transportation jobs. The database would flag drivers who have failed a drug test or refused to submit to a drug test in the past.

Under the proposed rule, transportation companies would be required to search the database for past violations before hiring drivers. Employers, Medical Review Officers, Substance Abuse Professionals, and private, third party USDOT drug and alcohol testing laboratories would be required to submit the following information about drivers who:

◾fail a drug and/or alcohol test

◾refuse to submit to a drug and/or alcohol test, and

◾successfully complete a substance abuse program and are legally qualified to return to duty.

Applicants to driving positions would have to provide consent for employees to access the database and search for their information. Drivers who refuse to let the employer conduct the search could still be hired, but they would not be allowed to tackle safety-sensitive jobs, the FMCSA release notes.

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