FMCSA Issues Final Rule for the Downgrade of Commercial Driver’s Licenses (CDLs)
October 13, 2021
The Federal Motor Carrier Safety Administration (FMCSA) has issued an amendment to a final rule, effective November 8, 2021, establishing requirements for State Driver’s Licensing Agents (SLDAs) to access and use information obtained through the Drug and Alcohol Clearinghouse.
A California Court of Appeal has issued a ruling that has resulted in California courts prohibiting the use of dates of birth, driver license numbers, and other identifiers to filter online search results. By redacting date of births from the California court system’s terminal, it makes it more difficult to perform background checks. Employers who have implemented background checks for their workplaces need to be aware of these changes and the impact they have on their policies. This impacts employers regardless if their business is located in the state of California, because applicants who previously lived in California will be restricted by this new requirement.
Employers who implement a drug and alcohol testing policy are further protecting their company and building a more productive workforce. However, maintaining compliance with state and federal laws while also navigating the complexities of custom drug testing services can be difficult. It’s important to understand exactly how drug testing works to efficiently build a drug testing program that meets the standards necessary to ensure a safe workplace.
The Social Security Administration has updated their Consent Based Social Security Number Verification (CBSV) form (SSA-89) from the 2018 version to the 2020 version. The deadline to transition to the new forms is September 30, 2021. DISA Global solutions wants to ensure employers meet the deadline to maintain compliance and keep business running smoothly. After September 30, 2021, no one will be allowed to accept the 2018 version of the CBSV form, so it’s imperative to take action now to reduce any disruption in service.
On February 22, 2021, Gov. Murphy signed three bills related to cannabis legalization in the state. The laws largely did not impact employers until August 21, when the New Jersey Cannabis Regulatory Commission (CRC) finalized their rules around the sale and use of cannabis. As states continue to create new marijuana laws or make changes to existing ones, it’s vital that employers remain updated. Protecting workplaces against drug abuse and misuse, especially with safety-sensitive positions, is paramount to the success and reputation of a company and the health and safety of its employees.
Patrice Kelly, Director of ODAPC, discussed the importance of adequately documenting drug test refusals during a recent presentation. Often, the collection sites don’t provide an extensive description of the reasoning behind the refusal, leaving Designated Employer Representatives (DERs) with very little information to make an accurate determination. By following DOT guidelines, expert advice, and best practices when documenting refusals, DERs will obtain a more thorough explanation helping to solidify the most accurate determination for a refusal ruling.
The Department of Transportation (DOT) recently made two key changes to DOT-regulated Custody and Control Forms (CCF), which is pertinent to those using paper forms. As a required component of the DOT drug testing program, it’s vital that employers remain in the loop of the latest and greatest changes. Failure to transition to the new form by the cutover date of August 30 may result in tests being rejected.
In January 2020, the US Department of Health and Human Services (HHS) included oral fluid testing in mandatory guidelines for federal workplace drug testing programs. As employers await any official implementations, small changes such as those to Custody and Control Forms (CCFs) are beginning to make their presence. Currently, lab-based urinalysis testing still remains the only approved testing by the DOT, but a box to check for oral fluid testing has most recently appeared on CCFs.