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.
Who is exempt from the FMCSA Clearinghouse?
According to the FMCSA, “Drivers who perform only FTA-regulated safety-sensitive functions are exempt from Part 382, including the Clearinghouse requirements, as are their employers. These drivers and employers are subject only to the alcohol and/or controlled substances testing requirements of Part 655. On the other hand, FTA-regulated entities that employ drivers who also perform FMCSA-regulated safety-sensitive functions must comply with the relevant alcohol and/or controlled substances testing requirements of Part 382.”
What constitutes an individual’s need for DOT testing? Does any employee that walks on a pipeline site require a DOT test?
According to the Department of Transportation (DOT), the Pipeline and Hazardous Materials Safety Administration (PHMSA) 49 CFR Part 199 defines a covered employee as the following: “Covered employee: A person who performs work on a pipeline or liquefied natural gas (LNG) facility an operation, maintenance, or emergency-response function.” The official DOT document has been attached below for further review. Anything specific or additional requirements beyond this would need to be confirmed by the company operating the pipeline you’re performing work on.
What is considered actual knowledge of a Clearinghouse violation?
Employers who have actual knowledge that a driver has used alcohol or controlled substances in violation of Subpart B of Part 382 must report such violations to the Clearinghouse, in accordance with § 382.705(b)(4). Service agents, such as a consortium/third-party administrator (C/TPA), acting on the employer’s behalf may also report actual knowledge violations, as long as they comply with the reporting requirements in § 382.705(b)(4). Actual knowledge, as defined in § 382.107, is based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substances use, except as provided in § 382.121.