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Total Articles: 16

FMCSA-Regulated Employers Take Note: Drug and Alcohol Clearinghouse Implementation Quickly Approaching

In 2012, Congress passed and President Obama signed the “Moving Ahead for Progress in the 21st Century Act,” a transportation reauthorization bill referred to as “MAP-21.” That law directed the Federal Motor Carrier Safety Administration (FMCSA) to create a means of identifying and tracking commercial drivers who violate the agency’s drug and alcohol testing program, to ensure that drivers with a history of violating the drug and alcohol regulations are taken off the road until they demonstrate compliance with those rules.

FMCSA Clearinghouse Opened, Transportation Department Announces

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse registration, which is the electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations, is open, the agency has announced.

FMCSA Clearinghouse Registration Is Now Open; Clearinghouse Goes Live on January 6, 2020

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on October 1, 2019 that Clearinghouse registration is now open. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. The Clearinghouse will become operational on January 6, 2020, and FMCSA-regulated employers must be ready to comply with the Clearinghouse requirements on that date. Authorized users may now visit https://clearinghouse.fmcsa.dot.gov/register to create a user account and become familiar with the site.

Federal Motor Carrier Safety Agency Proposes Changes to Hours of Service Rules for Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on changes to the hours of service (HOS) rules.

Youth Movement: Federal Motor Carrier Safety Administration Seeks Younger Drivers

Recently, the Federal Motor Carrier Safety Administration (“FMCSA”) unveiled plans to lower the minimum legal age required to operate commercial motor vehicles in interstate commerce. The FMCSA began the Under-21 Military Pilot Program and has requested public comment on another proposal to allow drivers ages 18-20 to operate commercial motor vehicles. Both these initiatives will address a dearth of drivers in today’s economy and comply with Section 5404 of the Fixing America’s Surface Transportation (FAST) Act.

FMCSA Clearinghouse Rules Take Effect On January 6, 2020: Are You Ready?

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s Clearinghouse will become operational on January 6, 2020, and FMCSA-regulated employers must be ready to comply with the Clearinghouse requirements on that date. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. Although the Clearinghouse rule actually took effect on January 4, 2017, the implementation date for FMCSA-regulated employers is January 6, 2020. See 49 CFR Part 382, Subpart G, among others.

End of the Year Updates from the Department of Transportation and Federal Aviation Administration

Executive Summary: The Department of Transportation (DOT) and Federal Aviation Administration (FAA) published a flurry of announcements to close out 2017. In addition to recapping several previous publications, the FAA released a new Advisory Circular on its voluntary disclosure reporting program.

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017.1 This month, in various web-based guidance, DOT clarified what changes, if any, covered employers must make to their DOT testing program policies. This article will discuss DOT’s new requirements and what transportation employers can do to prepare for these new obligations.

PHMSA Raises Random Drug Testing Rate to 50% for 2018

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to 50%.

U.S. Department of Transportation Publishes Guidance For Updating Drug and Alcohol Testing Policies

The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change). DOT published guidance on December 1, 2017 to assist employers with regard to updating their drug and alcohol testing policies. The guidance states as follows:

Department of Transportation Publishes Final Rule on Drug Testing

On November 13, 2017, the U.S. Department of Transportation (DOT) published a final rule making significant changes to 49 Code of Federal Regulations Part 40, which affects employers administering drug tests in the transportation industry. The final rule states that its purpose is to remain current with the changes made to the U.S. Department of Health and Human Services’s Mandatory Guidelines for Federal Workplace Drug Testing Programs, which were announced in early 2017.

Department of Transportation Adds Four New Drugs to Testing Panel

Executive Summary: On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (HHS Mandatory Guidelines), published January 23, 2017.

Transportation Department Expands Drug Testing Panel to Include Certain ‘Semi-Synthetic’ Opioids

Employers regulated by the U.S. Department of Transportation (DOT) should revise their drug and alcohol testing policies to conform to new DOT regulations that added four “semi-synthetic” opioid drugs to the DOT drug testing panel. The new regulations go into effect on January 1, 2018.

FMCSA Expands Its Drug Testing Panel Effective January 1, 2018

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced in a rule to be published in the Federal Register on November 13, 2017, that it will expand its drug testing panel to include four synthetic opioid drugs: hydrocodone, hydromorphone, oxycodone and oxymorphone.

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying violations of DOT’s drug and alcohol testing program by drivers who operate vehicles that require a commercial driver’s license (CDL), and information about whether such a driver has successfully completed the DOT-mandated return-to-duty rehabilitation processes. Creation of the Clearinghouse was mandated by the Moving Ahead for Progress in the 21st Century Act, a 2012 Congressional transportation funding initiative.

Federal Railroad Administration Expands Drug and Alcohol Testing For Maintenance-Of-Way Workers

The U.S. Department of Transportation’s Federal Railroad Administration (“FRA”) recently announced a final rule expanding drug and alcohol testing applicable to maintenance-of-way (“MOW”) employees, effective one year from the date of the rule’s publication (which has yet to be announced).
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