Answer

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.”

If drivers are required to have a Class B CDL in order to operate vehicles, then the FMCSA Regulations in Part 382 and Part 383 will apply to your operations. Other areas of the regulations, such as Part 391 or Part 395, may apply to the motor carrier even if they don’t leave the state. Those sections apply to motor carriers operating in interstate commerce, which cannot be determined based solely on never leaving a given state. Interstate commerce is an activity that might occur without a truck ever leaving a single city. We advise that you contact the FMCSA for assistance in determining the applicability of the regulations.

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.

DOT Compliance related

What is an MVR?

A Motor Vehicle Record (MVR) pulls information regarding a driver’s history from a state’s Department of Motor Vehicles (DMV). This is part of the background check process for those who work in the transportation industry that aims to help employers hire applicants who have a reliable driving record and maintain safety and compliance on our roads.