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In order to help ensure safety in the trucking industry, motor carriers are required to conduct background checks for drivers. These include determining if the driver has had any previous violations related to the Department of Transportation (DOT) drug and alcohol regulations.

The Federal Motor Carrier Safety Administration (FMCSA) created a Clearinghouse system to improve the tracking of such violations. Employers must report all violations to this system, and other motor carriers can submit an inquiry to get information about an applicant’s history.

Previously, employers have had to submit pre-employment queries to the Clearinghouse and conduct manual inquiries. Starting January 6, 2023, employers will cease manual inquiries and will only need to conduct a Clearinghouse query.

What Is The FMCSA Clearinghouse?

The FMCSA Clearinghouse is a centralized reporting system for drug and alcohol violations by safety-sensitive workers within the trucking industry, e.g. commercial driver’s license (CDL) drivers. Employers and their designated safety representatives need to report any violations to this system. This makes it easier to track violations and ensure the return-to-duty process is being followed, even if a driver moves states. The system was created to prevent drivers from circumventing background check procedures.

Why Is This Update Happening Now?

Motor carriers are required to conduct background checks that cover the past three years. Since use of the FMCSA Clearinghouse became mandatory on January 6, 2020, there wasn’t enough data available to cover the full-time period. Now, the information in the Clearinghouse will meet the three-year time frame.

Pre-Employment Check Requirements

While the method for conducting a pre-employment background check is changing, the underlying regulations are consistent.

Employers must:

• Conduct a three-year query when hiring a new driver
• Conduct a new query annually, on a rolling 12-month basis, for each driver they employ
• Obtain consent from employees and potential hires before conducting Clearinghouse queries

What About Non-FMCSA Transportation Employees?

The Clearinghouse system only has information about drivers who work for FMCSA-regulated employers, such as motor carriers. Other types of transportation jobs fall under other DOT agencies, such as railroad, aviation, or transit. If a driver applies to a motor carrier and has worked for such a company in the past three years, motor carriers still need to request drug and alcohol violation information. They will need to conduct a manual inquiry to do so since this information is not in the Clearinghouse.

Keep Up With FMCSA Regulations

FMCSA regulations and best practices periodically change, and it’s important for your company to stay up-to-date to avoid large fines and potential safety issues. HDS Safety Services can make it easier for you to stay compliant. We keep up with the latest changes to regulations and manage your background checks, driver qualification files, and other key documentation and safety protocols so you don’t have to.

Contact us today to learn more about our FMCSA compliance services.

The trucking industry has strict regulations for drug and alcohol testing. The Federal Motor Carrier Safety Administration (FMCSA) enforces these requirements. Motor carriers may be subject to steep fines and other penalties if they do not follow all the necessary rules for their drug and alcohol programs. Any drivers who fail or refuse a drug test must be immediately removed from safety-sensitive duties. It is important to understand what constitutes a drug test refusal in order to understand when these rules apply.

What Counts as a Drug Test Refusal?

There are a variety of actions that can fall under the umbrella of refusing a drug test. Different individuals or organizations may be responsible for determining whether a driver’s actions constituted a refusal. These include the employer, the Screening Test Technician (STT), the Designated Employer Representative (DER), and the Medical Review Officer (MRO).

Some of the actions that are part of FMCSA’s definition of drug test refusal include:

• Not going to get a drug test when the employer requires it, including taking an unreasonably long amount of time to get to the testing center
• Failing to provide enough urine for a sample (Note: there is a “shy bladder” procedure that testing sites must follow to give time to produce a sample)
• Not allowing observation when observed urine collection is required
• Leaving the site before testing is finished
• Failing to follow all instructions during the collection, i.e. not emptying pockets
• Tampering with urine collection or falsifying a sample

Pre-employment tests follow most of the same rules as other types of screening, with one exception.  If the applicant has not yet given a sample, they can say no to the test and the potential employer would not report this as refusal. The applicant would still not be able to begin safety-sensitive duties without a negative drug test. Once collection starts, any tampering or leaving the site early would constitute a refusal.

What Happens After a Driver Refuses a Drug Test?

Motor carriers must report any refusals to the FMCSA Clearinghouse and immediately remove the employee from safety-sensitive duties.

Trucking companies may have individual policies that require the termination of employment after a failed or refused test. The FMCSA does not require this, but it is permissible as long as this is clearly stated in your drug testing policy.

The motor carrier must provide a list of Substance Abuse Professionals (SAPs) to the driver. A SAP must oversee the return-to-duty process. This individual will determine when the driver can return to safety-sensitive duties and will make recommendations for follow-up testing.

Note that the motor carrier is not responsible for the return-to-duty process beyond providing a list of SAPs. If they choose to terminate the driver’s employment, it is up to the driver to ensure they complete evaluations with the SAP. Companies are responsible for checking the drug and alcohol test history of any applicants and will be able to see whether the driver has ever refused/failed a test and if they completed the return-to-duty process.

Implement a Drug Testing Program

At HDS Safety Services, we can help you stay compliant with FMCSA regulations and operate one of the largest drug testing consortiums in Arizona. We can manage your testing program and also offer electronic logging device (ELD) audits, training, and other compliance services.

To learn more about HDS Safety Services, contact us today.

Drug testing is an important component of Department of Transportation (DOT) compliance. This is true for large and small motor carriers alike and even companies with one driver must follow these regulations. Owner-operator drug test requirements are fairly similar to other types of drivers, but there are some unique considerations to keep in mind.

Industry-Wide Drug Testing Requirements

The DOT and Federal Motor Carrier Safety Administration (FMCSA) outline the times when commercial motor vehicle (CMV) operators must be tested for drug use. These are the same for owner-operators and company drivers alike.

Someone who operates a CMV must be tested under the following circumstances:

• Pre-Employment: Before beginning safety-sensitive duties, a driver must pass a drug test. For owner-operators, the pre-employment requirement must be completed after getting a United States DOT (USDOT) number and before driving a CMV.
• Random Testing: All commercial drivers must be part of a random testing pool. The FMCSA sets testing rates for these pools each year based on the rate of violations. The process for random testing is different for self-employed drivers, and we will discuss this in detail later in this article.
• Post-Accident: If an accident results in a fatality and/or involves a citation, post-accident drug testing is required.
• Reasonable Suspicion: For company drivers, the reasonable suspicion requirement applies if a trained supervisor notices signs of drug use. Owner-operators are still subject to the reasonable suspicion requirement, but the process does look different since there is not a supervisor.
• Return-to-Duty and Follow-Up Testing: If a self-employed driver has a positive drug test result, they must complete the return-to-duty process.

Differences for Owner-Operators

Registering and Querying in the FMCSA Clearinghouse

The FMCSA Clearinghouse is a system that tracks drug and alcohol program violations. Unlike company drivers, owner-operators are required to register as employers, even if they only employ themselves. These individuals also have to perform annual queries for themselves, in addition to meeting all other requirements for both motor carriers and drivers.

Drug Testing Consortium Requirement

A consortium/third-party administrator (C/TPA) is an association that combines the testing pools of several motor carriers for the purpose of random selection. Since an owner-operator cannot randomly select themselves, self-employed drivers are required to appoint a C/TPA to meet FMCSA requirements.

Reasonable Suspicion

The FMCSA requires supervisors to complete reasonable suspicion training and to drug test employees who are displaying signs of drug use. If an owner-operator does not have any employees besides themselves, this requirement would not make sense. As a result, owner-operators do not have to undergo this training unless they employ other drivers. However, this does not mean owner-operators are completely exempt from this type of testing. For larger motor carriers, C/TPAs are not permitted to order reasonable suspicion testing, but they can do so for owner-operators. This must be based on physical observation so it is rarer compared to other types of owner-operator drug testing, but it is still a possibility.

Compliance Services for Owner-Operators

HDS Safety Services can help you stay compliant with DOT regulations whether you manage a large fleet or are self-employed. For owner-operators, we can handle all aspects of your drug testing and safety program so you can focus on driving.

To learn more about our drug testing consortium, contact us today.

The Federal Motor Carrier Safety Administration (FMCSA) limits the amount of time a trucker can drive. These hours of service (HOS) regulations are intended to prevent driver fatigue and reduce the risk of accidents. In order to track HOS, trucking companies are required to use electronic logging devices (ELDs), with some exceptions. Electronic logs for truckers are sophisticated tools and many go beyond the basic FMCSA requirements and offer additional functions for safety and efficiency. It’s important to understand how these devices work and how to use them in order to avoid potential fines for violations.

What is an ELD?

An electronic log is a device that connects to a commercial motor vehicle (CMV) and tracks HOS. It uses GPS technology as well as a connection to the vehicle’s engine to determine when the truck is moving. It also collects information about location, which may be very exact or more general depending on the device.

How Records of Duty Status are Tracked

The log keeps records of duty status (RODS) that indicate whether the trucker was driving on-duty or off-duty during a given timeframe. To be FMCSA-compliant, an ELD must automatically record driving time. When the CMV is moving at 5 mile per hour (mph) or more, the log will set the status to driving. This cannot be altered by the driver or anyone else, although annotations can be added to explain unusual circumstances, such as driving in adverse conditions or during a drop-off.

When the vehicle registers as stopped for more than five minutes, it will prompt the driver to either confirm that they are still driving or to enter a different status. This can be on-duty not driving, off-duty, or sleeper berth. If they do not select an option within one minute, the status will automatically be set to on-duty not driving.

Auditing Electronic Log Data

At roadside inspections, the RODS stored in a trucker’s electronic log need to be transferred to the inspector or law enforcement officer. This can be done via Bluetooth, email, or USB. The inspector can see at a glance whether there are any violations within the past eight days.

Staying Compliant with HOS Rules

It is important that your company’s drivers and safety personnel understand how to operate your electronic logs and how to correctly record on-duty or off-duty status. Driving beyond the HOS limits set by the FMCSA can affect your compliance, safety, and accountability (CSA) score and can result in fines for both your carrier and the driver. These regulations were most recently updated in July 2020 .

ELD Audits by HDS Safety Services

We can help your company stay up to date with FMCSA requirements. We offer ELD auditing as well as HOS training for drivers and supervisors. With so many rules to keep track of, it can be extremely valuable to have a company on your side to help you stay safe and compliant.

To learn more about our electronic log auditing and other services, contact us today.

Staying compliant with Federal Motor Carrier Safety Administration (FMCSA) regulations is an ongoing process. It is important to be aware of the requirements for hiring drivers as well as what you need to keep on record throughout their employment. Driver qualification files, also called DQFs, include information about safety-sensitive employees. These files must be properly maintained and should be easily accessible in case of an audit.

Driver qualification files must include:

Initial Pre-Employment Documents

The following information must be collected and documented at the start of a driver’s employment:

Application for Employment

The driver’s application must be completed, signed, and kept on file. The FMCSA regulates what this application must include and this is outlined in 49 Code of Federal Regulations (CFR) 391.21.

Road Test Certificate

To drive a commercial vehicle, an individual must successfully complete a road test. You must keep a copy of this completion certificate on file. A valid commercial driver’s license (CDL) is an acceptable equivalent.

Inquiry to Previous Employers

You must investigate the previous three years of the driver’s employment by requesting documentation from previous employers. The driver qualification file must include a record of this request as well as the responses. Additionally, if the driver makes a rebuttal or correction due to inaccuracies in the information from employers, you must keep this on file as well.

Three-Year Driving Record

Motor carriers must contact agencies for any state where the driver has held a CDL to obtain the driver’s motor vehicle record (MVR) for the past three years.

Drug and Alcohol Testing Documents

Trucking companies must perform drug and alcohol testing at specific times. In addition to performing required pre-employment drug testing, you must investigate whether a new driver has any drug or alcohol violations on record for the past three years. The driver qualification file needs to include any violations as well as documentation of the return-to-duty process, if applicable.

Since January 6, 2020, it is necessary to query the FMCSA Clearinghouse and to conduct a traditional manual inquiry with previous employers. This is because the Clearinghouse does not yet cover the full three-year timeframe. After January 6, 2023, only the electronic query will be required.  The Clearinghouse retains a record of queries, so it is not necessary to maintain a separate copy, although you may choose to do so.

Additional Documents

For some types of drivers, additional documentation is necessary. For example, drivers with less than one year of experience will need an entry-level driver training certificate.

Ongoing Updates

MVR Inquiry

Each year, motor carriers must request an updated MVR for each of their drivers.

MVR Review

In addition to keeping the annual MVR updates on record, it is necessary to document an annual review of this information. You must ensure that the CDL driver is not disqualified from operating a commercial motor vehicle (CMV). The list of disqualifying offenses is given in 49 CFR 391.15.

Driver’s Certification of Violations

Annually, drivers must submit a list of all motor vehicle law violations that they were convicted of in the past 12 months. Motor carriers must then compare this list with the annual MVR inquiry to ensure there are no discrepancies.

Medical Examination Report and Certificate

Every 24 months at a minimum, drivers must complete a Department of Transportation (DOT) physical with a qualified medical examiner. You need to keep a copy of the medical examiner’s certificate that states the driver is qualified to operate a CMV. In addition to the report and certificate, you must include a note verifying that the examiner is listed on the National Registry of Certified Medical Examiners.

Driver Qualification File Management

At HDS Safety Services, we understand that it can be difficult to keep track of the many FMCSA regulations and to maintain files for all of your drivers. Our driver qualification file management service makes it easy for you to stay compliant. We can organize your documents as well as optimize your hiring process.

To learn more about our driver qualification file management service, contact us today.

The Department of Transportation (DOT) requires that all motor carriers have a drug testing program in place for their safety-sensitive employees. This is to ensure that drivers are able to operate their vehicles without putting themselves or others in danger. If you operate a trucking company, you may be wondering whether or not you can use hair testing for drugs. This is allowed, but you do need to follow DOT guidelines to ensure you stay compliant.

Here is what you should know about hair testing as a motor carrier:

DOT-Required Drug Testing

In order to be compliant, trucking companies must test at specific times. These include screening potential employees before they start driving, testing randomly, if a supervisor has a reasonable suspicion of drug use, after an accident, and as part of the return-to-duty process.

The only acceptable testing method for DOT-required screening is urinalysis. The most common is a standard 5-panel test that checks for the presence of drug metabolites for marijuana, cocaine, amphetamines, opiates, and phencyclidine (PCP).

Urine vs. Hair Tests

To understand why you might want to use hair testing in addition to DOT-mandated urine testing, it’s helpful to have a basic idea of how these types of drug tests work. Both tests check for the presence of drug metabolites, which are the chemicals left in the body after a drug has been metabolized (processed). The main difference is how long after drug use the tests will be positive. This is because urine tests detect the drug metabolites as they are being eliminated from the body, whereas hair tests detect metabolites that are stored within the hair follicle. These metabolites can be detected for a longer period of time.

A urine test can detect different metabolites for different lengths of time. The shortest window is 2-4 days after the use of amphetamines, cocaine, or opiates. The longest is for marijuana, which is 15-30 days depending on the amount and frequency of use. Drug metabolites can be detected in hair follicles for up to 90 days. This makes it a more accurate method for determining if a potential driver has used illicit drugs within a longer time frame. Trucking companies may choose to use hair testing in addition to DOT tests in order to further ensure that their drivers are drug-free.

Can Motor Carriers Perform Non-DOT Testing?

Trucking companies must follow the above urine testing procedures at a minimum. However, many motor carriers take further steps to ensure their drivers are drug-free by performing additional testing. This is allowed as long as the requirements from the DOT are met. You cannot use hair testing for drugs to replace any of the DOT tests, so you must use urinalysis as well at the specified times.

Another difference between non-DOT and DOT-required testing is that positive results from non-DOT tests are not reported. All urine test results are tracked by the FMCSA Clearinghouse and can be accessed and checked by other motor carriers who are considering hiring that driver. This makes it harder for drivers to conceal drug program violations. However, hair testing and other tests beyond DOT requirements are not a part of this system. They can be used internally for hiring decisions, but they are not shared with other companies and do not follow a driver even though these tests can assess drug use over a longer period of time.

Protect Your Drivers, Your Freight, and Your Company

A study by the Trucking Alliance in 2019 found that while only less than 1% of applicants to trucking companies failed urine drug tests, almost 9% either failed or refused a hair follicle test. This means that even if you are following the necessary steps to stay compliant with DOT regulations, it can be beneficial to invest in additional testing. HDS Safety Services can help you with both required and additional drug and alcohol testing.

To learn more about hair testing for drugs, contact us today.

With recent changes to federal and state regulations regarding cannabis, it can be confusing for employers who perform drug screening for employees. The Department of Transportation (DOT) has already issued a notice regarding “medical marijuana” use. This clarified that for safety-sensitive employees, a positive drug test result cannot be verified as negative based on a physician recommendation that a patient use “medical marijuana.” Recently, the department also clarified its guidelines for Cannabidiol (CBD) and drug tests. 

What is CBD?

CBD is one of the chemical compounds that is found in cannabis plants. The other major component is tetrahydrocannabinol (THC), which is responsible for the major effects of marijuana. Unlike THC, CBD is not psychoactive, meaning it doesn’t result in a “high.” 

CBD and Hemp

You may also hear the term “hemp” as it relates to marijuana and CBD. There are two species of the cannabis plant: marijuana and hemp. Whereas marijuana has more THC than CBD, hemp has more CBD and very little THC. 

The Legality of CBD

The Agricultural Improvement Act of 2018 (Farm Bill) officially clarified the definition of marijuana under the Controlled Substances Act so it does not include hemp-derived products with 0.3% THC or less. Any product with a higher level of THC, even if it is labeled as CBD, is a Schedule I drug under the Controlled Substances Act and is illegal at the federal level, regardless of whether it is legal for medical or recreational use in a specific state. 

CBD and Drug Tests for Safety-Sensitive Employees

DOT drug tests screen for marijuana, not CBD. These tests check for the presence of THC metabolites and any level over 50 ng/mL is a positive result. The presence of CBD is not tested. 

However, the DOT states that safety-sensitive employees should be cautious when deciding whether or not to use CBD. Labeling can be misleading and the Food and Drug Administration (FDA) does not certify the amount of THC in these products. This means that even if an item claims to be THC-free, it may have enough of the compound to trigger a positive test result. 

What Motor Carriers Should Know

Trucking companies should be aware of the DOT guidelines regarding CBD and drug tests and advise their employees accordingly. It is also essential that your medical review officers (MROs) know that a drug test over the designated cut-off for THC metabolites cannot be verified as negative because the employee claims they used CBD. The DOT does not allow safety-sensitive workers to use marijuana under any circumstances. This means that “medical marijuana,” recreational use being legal in the state, or claims of CBD use, are not valid reasons to disregard a positive result. 

HDS Safety Services Can Manage Your Drug Testing Program

Maintaining a drug-free workplace helps you avoid expensive fines and helps keep your workers and the public safe. However, it can be difficult to keep track of the most recent changes to DOT regulations. HDS Safety Services stays up-to-date with the latest safety guidelines for motor carriers. This allows you to focus on managing your fleet while knowing that we are handling your drug testing or other safety management services.

Contact us today with any questions about CBD and drug tests or to inquire about our DOT compliance services.