DOT advances rule to build database of truckers who have failed drug tests

Matt Cole – May 23, 2016 –

A Final Rule that would create a database CDL holders has been sent by the Federal Motor Carrier Safety Administration to the White House’s Office of Management and Budget, its last stop before being published as a legally binding rule.

The Commercial Driver’s License Drug and Alcohol Clearinghouse will require carriers to report to FMCSA failed drug tests and test refusals of CDL holders.

Owner-operators, who are required by law to participate in random drug testing via a consortium, must report to FMCSA the consortium or third-party drug test administrator it uses and authorize it to submit information on any of its drivers, including themselves, to the database.

Carriers would also be required to query the database when making new hires and once a year for existing drivers, according to the proposed rule published in 2014 by FMCSA. When querying the database, however, carriers would be required to obtain written consent from a driver before doing so and for access to information in the clearinghouse. If a driver refuses to allow the query, he or she would be barred from driving.

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