How FMCSA’s New Rules Expose Unsafe Truck Drivers

Big changes are coming for commercial truck drivers and their employers with the next phase of the Federal Motor Carrier Safety Administration's (FMCSA) Drug & Alcohol Clearinghouse. With over 175,000 CDL/CPL drivers currently listed as "prohibited," the latest regulations are set to have a major impact.

Starting November 18, 2024, State Driver Licensing Agencies (SDLAs) will be required to revoke the commercial driving privileges of any driver listed as "prohibited" in the Clearinghouse. This means drivers who have failed or refused drug and alcohol tests or violated FMCSA rules will lose their CDL or CPL until they complete the Department of Transportation (DOT) return-to-duty (RTD) process.

While some states may act sooner if authorized, all SDLAs will eventually enforce this rule, removing driving privileges from those with unresolved violations. For employers, this means keeping up with compliance is critical to avoiding potential business disruptions. For drivers, it's a reminder that the consequences of drug and alcohol violations just got more serious.

Ultimately, these changes aim to enhance road safety and reduce truck accidents caused by impaired driving.

What does the return-to-duty process for disqualified drivers entail?

The DOT return-to-duty process is required for any commercial driver who fails a DOT drug or alcohol test, refuses a test, or is found to be in violation based on a Clearinghouse query. This means the driver must be immediately removed from all safety-sensitive duties and enrolled in the RTD program.

The RTD process consists of multiple steps to ensure that the driver is fit to return to work. It includes working with a substance abuse professional, completing an education or treatment program, and passing a follow-up evaluation and drug or alcohol test. Until the RTD process is successfully completed, drivers are prohibited from operating commercial motor vehicles.

How should trucking companies prepare for Clearinghouse-II?

Preparation for Clearinghouse-II starts with understanding each driver's status in the Clearinghouse. Employers need to run regular queries (limited or full) on every CDL or CPL driver to ensure that no outstanding drug or alcohol violations are on record. If any violations are discovered, drivers must be removed from safety-sensitive duties immediately and begin the RTD process to regain their driving privileges.

In addition to managing Clearinghouse records, all commercial drivers must be enrolled in a DOT drug and alcohol testing program that includes pre-employment, random, post-accident, RTD, and reasonable suspicion testing. Maintaining updated records of FMCSA Clearinghouse queries, signed driver consent forms, and drug and alcohol test results will be key to staying compliant. Using tools that help keep all records organized may make this an easier task for employers.

Employers should also ensure that their drivers understand the consequences of failing to meet Clearinghouse-II compliance requirements. Drivers who face disqualification will lose their commercial driving privileges. Even seeking employment with another company won't change the need to complete the RTD process.

Should trucking companies conduct MVR monitoring to maintain compliance?

It's not enough to simply rely on the annual motor vehicle records (MVR) check for compliance. If a driver's CDL or CPL is revoked due to Clearinghouse-II violations, waiting for the next MVR check could be too late, especially if the company is selected for a compliance audit in the meantime.

To avoid unexpected revocations, employers can consider using regular MVR checks or an MVR monitoring system to track drivers' motor vehicle records. MVR Monitoring offers an ongoing way to promptly identify any issues with driver compliance, preventing drivers with disqualified statuses from getting behind the wheel unknowingly and reducing the risk of non-compliance penalties for the company.

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