DOT drug and alcohol clearinghouse rule at OMB
Posted May 24, 2016
The Federal Motor Carrier Safety Administration’s (FMCSA) rule concerning the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse has reached the Office of Management Budget (OMB) for review. OMB typically takes about 90 days to review the rule before returning it to the agency for further action.
Based on the FMCSA’s May 2016 Regulatory Agenda, the agency anticipates a publication date of a final rule on August 29, 2016.
On February 20, 2014, FMCSA published a notice of proposed rulemaking to establish a database under the Agency's administration that would 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.
J. J. Keller's Alcohol & Drugs DOT Compliance Manual can help you understand and comply with DOT's Alcohol & Drug Testing requirements, including 49 CFR Parts 382 and 40.
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