Operating a large commercial truck requires a great deal of skill, attention, and control. Alcohol and drug violations often lead to catastrophic truck accidents linked to driver impairment. However, it's not just drivers who bear the responsibility to avoid impaired driving. Trucking companies should take measures to keep impaired truck drivers off the road.
Currently, over 175,000 commercial drivers hold "prohibited" statuses in the Federal Motor Carrier Safety Administration's (FMCSA) Drug & Alcohol Clearinghouse. This figure represents a growing challenge for both these drivers and their employers as stricter regulations approach.
What are the phases of the FMCSA's Clearinghouse regulation?
The FMCSA's Clearinghouse regulation has been implemented in two phases:
- Phase one: Phase one launched on January 6, 2021. It introduced a centralized database to track violations of FMCSA's drug and alcohol testing program for CDL holders.
- Phase two: Phase two (Clearinghouse-II) will help remove disqualified CDL and CPL drivers from the roads. It will also help enhance public safety and reduce DOT drug and alcohol violations starting November 18, 2024.
What is the FMCSA Drug & Alcohol Clearinghouse-II regulation?
The FMCSA Clearinghouse-II regulation mandates that State Driver Licensing Agencies (SDLAs) revoke the commercial driving privileges of individuals with "prohibited" statuses in the Clearinghouse until they complete the return-to-duty (RTD) process.
This means any CDL or CPL holder with unresolved drug or alcohol violations in the Clearinghouse database will lose their driving privileges until compliance is achieved. In some cases, SDLAs may begin enforcing this rule before the official deadline if they have the legal authority to query the Clearinghouse and take action based on the findings.
What is the DOT return-to-duty process for the FMCSA Drug & Alcohol Clearinghouse-II?
Drivers who fail or refuse a DOT drug or alcohol test or are found "prohibited" in the Clearinghouse must be immediately removed from any safety-sensitive roles, including driving. They must then complete the return-to-duty (RTD) process.
The RTD process involves several steps, all under strict federal guidelines. This process can take time, and companies are encouraged to act promptly to help their drivers regain compliance before the Clearinghouse-II deadline.
How can trucking companies prepare for the FMCSA Drug & Alcohol Clearinghouse-II now?
To prepare for Clearinghouse-II, trucking companies should ensure that all their CDL and CPL drivers are free of unresolved violations in the Clearinghouse database. Employers should regularly conduct limited queries to check each driver's record for any red flags and full queries when violations are detected.
Any drivers with violations must be removed from safety-sensitive duties and start the DOT return-to-duty process immediately. Employers must also enroll all regulated drivers in a DOT drug and alcohol testing program that includes pre-employment, random, post-accident, return-to-duty, and reasonable suspicion tests.
Keeping detailed records of FMCSA Clearinghouse queries, driver consent forms, and DOT testing documentation is key to staying compliant. Utilizing an automated DOT compliance solution can significantly ease the burden of maintaining up-to-date records.
Drivers must understand the consequences of failing to comply with Clearinghouse-II, including losing their commercial driving privileges. Even if a disqualified driver seeks employment elsewhere, they must still complete the RTD process to reinstate their license.
How can trucking companies remain compliant?
While trucking companies should maintain DOT-compliant drug and alcohol testing and keep up-to-date Clearinghouse records, another key component that can help prevent compliance issues is motor vehicle record (MVR) monitoring.
DOT-regulated companies are required to pull annual MVRs for every driver. But what happens if a driver loses their CDL due to Clearinghouse-II regulations? If the driver doesn't proactively disclose new violations, the employer may be unaware of any issues until the next annual MVR review or, worse, during an audit.
By running regular MVR checks, companies can avoid surprises related to CDL/CPL revocations. Many businesses are turning to MVR Monitoring programs, which automatically track CDL drivers' MVRs to identify problems and take corrective action quickly when needed.
Contact our San Antonio truck accident lawyers today
If you were hurt in a truck accident in San Antonio, you need experienced attorneys who will fight for your rights and make the claims process as easy as possible. The Herrera Law Firm is here to take on trucking companies and insurance providers, so you don't have to.
Our knowledgeable legal team will protect your rights and fight to get you the maximum compensation while you focus on your recovery. We work on a contingency fee basis, meaning you don't pay unless we win your case. Contact us today for your free consultation, and put our experience to work for you.
