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.”
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
Who needs to get a permit for the Spotted Lanternfly?
According to the Pennsylvania Department of Agriculture, permits are required for all businesses and organizations who will be moving within or from the quarantine zone while working. More details and examples can be found on the Agriculture main website: Spotted Lanternfly Information on the DPA website...
Is it required that drivers have Spotted Lanternfly permits for trash trucks that do not leave the quarantine area in Philadelphia, PA?
According to the Pennsylvania Department of Agriculture, permits are required for all businesses and organizations who will be moving within or from the quarantine zone while working. More details and examples can be found on the Department of Agriculture's Spotted Lanternfly Information Page.