2019 CRW: Clearinghouse Policy Update (Dave Osiecki session)

1. DAVID J. OSIECKI
dosiecki@scopelitisconsulting.com
Main 202-728-2850
Direct 202-728-2851 4601 N. Fairfax Dr. Suite 720 Arlington, VA 22203 www.scopelitisconsulting.com
Company Policy Update Required by FMCSA’s Drug & Alcohol Clearinghouse Rules
August 2019
Background - Under FMCSA’s drug and alcohol testing rules (at 49 CFR section 382.601), each
employer shall provide educational materials that explain the DOT drug and alcohol testing
requirements, and the employer’s policies and procedures with respect to meeting the testing
program requirements.
All employers must also ensure that a copy of these educational and policy materials is distributed
to each driver prior to the start of alcohol and controlled substances testing, and to each driver
subsequently hired or transferred into a position requiring driving a commercial motor vehicle.
Also, each employer must ensure that each driver is required to sign a statement certifying that he
or she has received a copy of these materials, and the employer must keep the original of the signed
certificate and may provide a copy of the certificate to the driver.
New Clearinghouse Policy Requirement – FMCSA’s new CDL drug and alcohol clearinghouse
rules require employers to update their educational and policy materials no later than January 6,
2020. An employer’s materials must be updated to include language stating the following:
Beginning in January 2020, FMCSA regulations require that the following personal in-formation
collected and maintained under 49 CFR Part 382, Controlled Substance and Alcohol Use Testing,
shall be reported to FMCSA’s Clearinghouse:
a. A verified positive, adulterated, or substituted drug test result;
b. An alcohol confirmation test with a concentration of 0.04 or higher;
c. A refusal to submit to any test required by sub-part C of this part;
d. An employer’s report of actual knowledge, as defined at §382.107:
i. On duty alcohol use pursuant to §382.205;
ii. Pre-duty alcohol use pursuant to §382.207;
iii. Alcohol use following an accident pursuant to §382.209; and
iv. Controlled substance use pursuant to §382.213;
e. A substance abuse professional (SAP as defined in §40.3 of this title) report of the
successful completion of the return-to-duty process;
f. A negative return-to-duty test; and
g. An employer’s report of completion of follow-up testing.
If you have questions, or need more information about the new CDL drug and alcohol clearinghouse
rules, contact STC at 202 728 2853, or sgarney@scopelitisconsulting.com