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Federal Drug and Alcohol Requirements for Commercial Drivers Begin January 6

    Client Alerts
  • October 04, 2019

Beginning January 6, motor carriers using drivers subject to the Federal Motor Carrier Safety Administration’s drug and alcohol rules will be required to submit testing results and other information to a new electronic Drug and Alcohol Clearinghouse. Motor carriers must submit positive drug or alcohol test results as well as refusals to test. Drivers with positive tests who complete the DOT return-to-duty process and follow-up testing will also have this information recorded in the clearinghouse.

Clearinghouse information will not be available to the public. DOT carriers must apply for access authority. For new drivers, motor carriers must obtain consent to search the clearinghouse. Carriers will also be required to conduct limited annual searches for current drivers, again with advance consent. Motor carriers should review their Fair Credit Reporting Act (FCRA) or other applicant and employee background search consent forms to make sure they include consent to initial and ongoing clearinghouse reviews.