Answer

What is FMCSA compliance?

The Federal Motor Carrier Safety Administration holds motor carriers and drivers responsible for meeting safety standards and regulations. Carriers can find their data stored on FMCSA’s Safety Measurement System (SMS), which they use to track the number, severity, and date of safety violations, as well as crash and inspection data. Data is derived from unsafe driving, crash indicator, Hours of Service (HOS) compliance, vehicle maintenance, controlled substances/alcohol, hazardous materials compliance, and driver fitness. The FMCSA makes available a compliance manual to help companies operating CMVs comply. The FMCSA Compliance Manual can be downloaded here.

Employers are advised to have a clear and concise written drug testing policy and to abide by state laws to avoid litigation. Employers may still test for and/or discipline an employee for marijuana under certain circumstances (e.g., post-accident). Oklahoma medical marijuana SQ 788 does not permit an employer to discipline or terminate a cardholding medical marijuana employee based solely on the presence of marijuana in a drug test. Regardless of a cardholder status, employers are not permitted to bring marijuana to their place of work or be under the influence during their hours of work. If an employee's job is covered by federal guidelines, then they must abide by the federal regulations in order for the company to remain in compliance with federal guidelines, regardless of state laws. Medical marijuana is not a medical exception under the U.S. DOT drug testing regulations, and federally mandated employers are expected to follow federal guidelines.

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)

According to the Pennsylvania Department of Agriculture, a citation matrix is in the making. The Pennsylvania SLF Quarantine Order states the following for those who are not in compliance with the required permit:

Criminal citation up to $300 per violation.

Civil penalty up to $20,000 per violation.

Revocation of permit or compliance agreement if PDA determines the holder has not complied.

For more information, you can view the Quarantine Order