How often am I required to pull an MVR on my CDL drivers?
Under FMCSA regulations, an employer must request a pre-hire MVR in all states where a CDL license was held within the previous 3-year period, and then annually as part of the employee’s annual review process.
Who reports violations to the Clearinghouse?
Employers and Medical Review Officers (MROs) are both required to report drug and alcohol program violations in the Clearinghouse per § 382.705. Employers can hire a consortium/third-party administrator (C/TPA) in the Clearinghouse, such as DISA, to assist with meeting these reporting requirements; however, the employer retains ultimate responsibility for compliance. According to the Clearinghouse, employers are responsible for reporting the following:
• An alcohol confirmation test with a concentration of 0.04 or higher
• Refusal to test (alcohol) as specified in 49 CFR § 40.261
• Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR § 40.191
• Actual knowledge of a drug or alcohol violation, as defined in 49 CFR § 382.107
MROs are responsible for reporting the following:
• Verified positive, adulterated, or substituted drug test result
• Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR § 40.191
Do all trucking companies use Clearinghouse?
The Clearinghouse is required for all Commercial Driver’s License (CDL) drivers operating Commercial Motor Vehicles (CMVs) on public roads, as well as for their employers and service agents. Examples include but aren’t limited to:
• Interstate and intrastate motor carriers, including passenger carriers
• School bus drivers
• Construction equipment operators
• Limousine drivers
• Municipal vehicle drivers (e.g., waste management vehicles)
• Federal and other organizations that employ drivers subject to FMCSA drug and alcohol testing regulations (e.g., Department of Defense, municipalities, school districts)
Where exactly should we put our Spotted Lanternfly permit on our semi-tractor cab?
As of last year, the Pennsylvania Department of Agriculture no longer distributes stickers or window hangs, instead a paper permit must be kept in the vehicle at all times.