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FMCSA’s Proposed Rule for Drug and Alcohol Clearinghouse Formally Published

On February 20, 2014, the FMCSA published the proposed rule to create a Drug and Alcohol Database for holders of CDLs and Motor Carrier Companies. The summary of the rule from the FMCSA’s site is as follows:

 

Summary:

“FMCSA proposes to establish the Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse), a database under the Agency’s administration that will contain controlled substances (drug) and alcohol test result information for the holders of commercial driver’s licenses (CDLs). The proposed rule would require FMCSA-regulated motor carrier employers, Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), and consortia/third party administrators (C/TPAs) supporting U.S. Department of Transportation (DOT) testing programs to report verified positive, adulterated, and substituted drug test results, positive alcohol test results, test refusals, negative return-to-duty test results, and information on follow-up testing. The proposed rule would also require employers to report actual knowledge of traffic citations for driving a commercial motor vehicle (CMV) while under the influence (DUI) of alcohol or drugs. The proposed rule would establish the terms of access to the database, including the conditions under which information would be submitted, accessed, maintained, updated, removed, and released to prospective employers, current employers, and other authorized entities. Finally, it would require laboratories that provide FMCSA-regulated motor carrier employers with DOT drug testing services to report, annual, summary information about their testing activities. This rule is mandated by Section 32402 of the Moving Ahead for Progress in the 21st Century Act.” View source here.

Comments on this proposed ruling can be submitted until April 21, 2014. Comments may be submitted in one of the following manners:

DATES: 

You must submit comments by April 21, 2014.

ADDRESSES: 

You may submit comments, identified by docket number FMCSA-2010-0031 or RIN 2126-AB18, by any of the following methods:

  • Federal eRulemaking Portal:http://www.regulations.gov.
  • Fax: 1-202-493-2251.
  • Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
  • Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

To avoid duplication, please use only one of these four methods. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: 

Mr. Juan Moya,, Office of Enforcement and Program Delivery, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202.366.4844, or via email at fmcsadrugandalcohol@dot.gov.. FMCSA office hours are from 9 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Barbara Hairston, Acting Program Manager, Docket Operations, telephone (202) 366-9826.

To view instructions for comments from original source, click here to transfer to the United States Federal Register.

If you have questions regarding this proposed ruling and how it may apply to your trucking company, please direct inquiries to info@complianceplusnd.com or leave a message on our contact page. We will be happy to assist you; a response can be anticipated within 2-4 hours of your inquiry.