Who needs to get a permit for the Spotted Lanternfly?

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

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.

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...