According to Landline Magazine on Dec 30, several owner-operators are experiencing difficulties registering for FMCSA’s Drug & Alcohol Clearinghouse and that they haven’t found any help through the agency’s 800 number as Clearinghouse hits traffic jam.
Do you remember the beginning of 2020 when the crash of the FMCSA’s CDL Clearinghouse website caused registration confusion?
The launch was supposed to be a smooth process as companies had three months prior to register. But few did.
As a result of so many people attempting to register through the website at the last minute, the website was overloaded and crashed, causing registration errors and quick fixes just to get people in the system.
The FMCSA Clearinghouse is an online database where new drug and alcohol testing violations and return-to-duty information of CDL drivers is stored and searched.
This database has worked well in preventing drug users from job hopping, as well as open the book on what is happening real-time with the trucking industry drug testing statistics.
In the first 8 months the Clearinghouse was in effect, over 35,000 drivers were found with a positive drug test forcing them to begin the return-to-duty and SAP process before getting back on the road.
DOT’s Clearinghouse faces a key test as fleets will likely flood the system in the coming weeks — CCJ ArticleCCJ Article – Nov 4, 2020
“We’ll see what happens with it,” said Lucas Kibby, marketing specialist at Compliance Navigation Specialists. “There’s going to be a large influx of people going to the site around the end of December and into the first few weeks of January, when people start realizing the rules.”
According to the latest Clearinghouse report, marijuana accounted for nearly half of the positive drug test results, followed by cocaine, methamphetamine, and amphetamine.
However, we are now less than three months away from another major Clearinghouse deadline where companies could face fines, if in violation.
Clearinghouse website may crash again as required annual query deadline approaches
With the FMCSA Clearinghouse now in effect for pre-employment, random testing and return-to-duty processes, employers of CDL drivers must follow a new pre-employment process when hiring a potential new driver.
Violations can occur if required information is not loaded into the database, or if new-hired drivers start driving before a new hire gives consent for a detailed query.
The employer needs to make sure the driver is registered to the FMCSA Clearinghouse, then request electronic driver consent to run a detailed query, run a query on the driver (employer or C/TPA), and ensure no recent negative drug testing history is present.
The other major required process for employers, including owner-operators, is to annually query all current CDL drivers at least once a year to make sure no violations appeared in the database. If the limited query returns any results, a detailed query is required.
This means the majority of CDL drivers need to have had a limited query run on them by January 6, 2021 or face potential violations and fines if found to be done late or not at all during an audit.
Early Clearinghouse registration issues led officials to advise employers to wait to register until December 2020 or January 2021. Consequently, a large spike in DOT Clearinghouse web traffic is expected as companies rush to register and submit annual queries to the DOT Clearinghouse before the deadline.
What fleets need to do before 2021 deadline
Every employer with CDL drivers needs to verify that they are registered to the FMCSA Clearinghouse. After registering, employers will purchase query tokens that will be used to when they want to run limited or detailed queries on their drivers or potential new drivers.
Owner-operators should purchase around 5 query token to run their annual queries each year, lasting them five years before they need to purchase more tokens.
Larger fleets should purchase query plans around two-and-a-half times their driver size to last two years of annual queries and a handful of new hire drivers.
Finally, annual queries can be ran on all CDL drivers within the company.
Drug and Alcohol Services
Do you need help registering to the FMCSA Clearinghouse or looking to switch to a trusted drug testing consortium?
At CNS, we offer a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).
How to set up a Driver Qualification File?
In industries like trucking, construction and distribution, hiring a commercial motor vehicle driver requires companies to follow strict Federal Motor Carrier Safety Administration (FMCSA) guidelines. The regulations under 49 CFR Part 391 lists requirements for Driver Qualification File (DQF) Management.
What is a Driver Qualification File or DQ File?
Driver Qualification Files are simply the driver’s personnel file that includes information of past employment, drug testing history, motor vehicle records, credit history, and more.
Failure to maintain these driver qualification file basics can lead to CSA violations, fines, an Unsatisfactory Safety Rating, and Out-of-Service Orders. In 2019, there were over 3,500 enforcement cases alone that averaged over $6,600 in fines per company, with the average cost of a Driver Qualification File violation fine over $600 per fine.
It is important to understand what the common DQ file violations are and how to prevent them from happening in your company’s driver qualification file management process.
Mistake #1: Not having a Driver Qualification File when required
When is a driver qualification file required?
A driver qualification file, according to 49 CFR 390.5, is required for anyone who operates a Commercial Motor Vehicle (CMV). This includes vehicles that weigh over 10,000 pounds, are placarded for hazardous materials or are designed or used to transport multiple passengers (at least 9 or more).
DQ files are needed even if the driver is salaried, a mechanic, the owner of the company, a part-time temp driver, is only driving one time, works for a private company, etc. There are some exceptions found in sections 390.3, 391.2, and 391.61-391.69.
For intrastate commerce where the driver stays within a single state, some state requirements may vary.
Mistake #2: Not obtaining a driver Motor Vehicle Record
What is a Motor Vehicle Record (MVR)?
An MVR is a report of driving history from the Department of Motor Vehicles (DMV).
The MVR contains important information from a driver’s license including, endorsement level for any kind of vehicle, accident reports, DUI convictions, vehicle crimes, traffic violations, license suspensions and more.
According to the FMCSA, a copy of the MVR(s) obtained in response to the inquiry must be placed in the driver qualification file within 30 days of the date the driver’s employment begins and be retained in compliance with 49 CFR 391.51.
If no MVR is received from the State required to submit this response, the motor carrier must document a good faith effort to obtain such information and certify that no record exists for that driver.
An MVR must be pulled from every state where the driver has held a license or permit in the past three years. If any red flags appear, a potential employer could use it to influence their hiring decision. This is why it is important for drivers to be aware of what is on their MVR and should request one every year. If any information is inaccurate, the driver could request to fix the mistake.
The carrier must then obtain an updated MVR annually, and review it to determine whether minimum safe driving requirements have been met, and confirm that there are no disqualifying offenses.
Mistake #3: Not keeping a driver qualification file long enough
How long to keep driver qualification files?
Another common mistake is how long you need to keep driver qualification files.
Some companies dump records after three years of employment, and do not keep these initial safety records on file for three years after driver is no longer employed at the company.
It is important to note that, separately, any safety history information gathered from previous employers must be retained for as long as the driver is employed by that motor carrier and for three years thereafter.
Mistake #4: Not having important drug test history and medical card on file
For drivers who hold a commercial driver’s license, the motor carrier must obtain a new motor vehicle record (MVR) within 15 days after each new DOT medical exam and place that in the driver qualification file as proof of medical certification. Each new medical exam certificate must be placed into the DQ file and kept there for at least three years, to show that the driver was medically qualified to drive at all times.
Often times these medical cards are out-of-date or the DQ files never replaced the old medical card on file. During a DOT audit, this is a simple mistake that can be caught and fines for each violation in your fleet can add up quickly.
Similarly, important drug testing history and alcohol test results must be saved in the DQ File for at least one year. These test results includes: previous employer test results; copy of alcohol test form, with results and drug test chain of custody form; documents sent to the employer by the MRO; documentation of any refusal to submit; and documents provided by a driver to dispute results.
How to prevent Driver Qualification File Management mistakes with CNS
After a driver is hired, managing driver files becomes an ongoing burden as employers are required to keep files current for drug tests, physical exams, safety records, annual MVRs, commercial driver’s licenses, endorsements and even conducting annual driver reviews (a burdensome process).
With high driver turnover in trucking, construction and distribution fleets, this problem becomes amplified.
CNS goes beyond just helping you manage your driver qualification files. Our Proactive Safety Management program helps to manage your entire plan for safety, compliance and record keeping, from drug consortium management to vehicle and equipment maintenance.
Trucking and the Coronavirus
With the world focused on the fear of illness and global spread of this year’s coronavirus (COVID-19), trucking companies brace for a secondary threat as well, as the freight market slows.
Prior factors affect the trucking industry
Businesses had already stuffed their warehouses with imported goods at the end of 2019, trying to get ahead of the tariffs placed against China. Then, as concerns over the virus itself grew, this slowed import shipping. Trucking companies with work in and around ports have felt the impact already.
Current factors add burden
Currently, several factors are impacting the trucking industry and putting the brakes on freight. First, the national shift for many businesses to encourage their employees to work from home. Secondly, consumers have drastically reduced their daily activities, without choice in most states.
Each state has implemented some sort of guideline to follow, each on a different level, but with the same end goal, to create social distancing. Most states are closing schools, preventing operation of non-essential businesses and even preventing gatherings of 50, 25 and even 10 people.
With a number of major events being cancelled, such as the Mid-America Trucking Show and sporting events (eg. NCAA tournament), the trucking industry has taken a big hit as well, since the need for truckers to carry the necessary supplies to these events has vanished.
Transportation market follows industry market
Garrett Bowers, President of Bowers Trucking in Oklahoma commented to Transport Topics news outlet: “If industry is stifled, transportation will follow.”
Trucking companies can expect to find themselves pinched tightly between all these factors. And, of course, layered on top of these concerns is the well-being of their drivers as they send them out across the nation, where they could be more susceptible to contracting the Coronavirus.
Many companies are now conducting pre-shift screenings and temperature checks to further protect their employees.
Some companies, mostly those immediately affected near the ports, have begun reducing capacity and laying off independent owner-operators in response to the downturn.
But across the country, companies feel the hit of this pandemic. Fleets have been absorbing a cost burden from being unable to return empty containers, as well as administrative costs.
Hoping for a rebound
There is definitely potential for a rebound in the trucking industry once shipping from China and other countries resumes normal pace. However, this potential rebound will have a delay that can impact many companies.
Companies should anticipate and plan not only for reduced rates and capacity, but also for difficulties at the loading docks. If shippers must reduce their own workforce due to coronavirus-related illnesses or quarantines, loads may not be ready when truckers arrive.
Companies should prepare for a double-headed approach to address both the current slow-down and the eventual recovery when shipments begin to surge to make up for delays.
Trucking Startups, Hiring Drivers and CDL Training
No matter what your current situation is in the trucking industry, we have a service that would be valuable to you, like CDL training, starting your own trucking business or hiring new, qualified drivers.
If you have been laid off, this might be a good time to start training to get your CDL. There will be a need for more drivers as businesses and events resume normal operation in the coming months.
If you are already a driver in the trucking industry, this may be the perfect time for you to start your own trucking company. Securing loads will not be an issue once the economy bounces back.
If you are a trucking company, you will most likely need to be hiring qualified drivers in the near future, and you will need to get good, qualified drivers very quickly, as well as manage all of the files for those drivers.
Beginning January 30, 2015, a driver required to have a commercial driver’s license, who has submitted a current medical examiner’s certificate to the State documenting he/she meets the physical qualification requirements, will no longer need to carry the medical examiner’s certificate (or a copy of the certificate) for more than 15 days after the date it was issued as valid proof of medical certification.
Beginning, July 8, 2015, a driver required to have a commercial learner’s permit, who has submitted a current medical examiner’s certificate to the State documenting he/she meets the physical qualification requirements, will no longer need to carry the medical examiner’s certificate (or a copy of the certificate) for more than 15 days after the date it was issued as valid proof of medical certification.
A CDL or CLP holder who obtained a medical variance from FMCSA must continue to have the original or copy of the medical variance documentation in his/her possession at all times when on-duty.
Driver Qualification Files
If the CDL issuing state motor vehicle record contains medical certification status information for the CDL holder, the motor carrier employer must obtain the motor vehicle records from the current licensing State and place it in the driver qualification file. The motor carrier has 15 days to obtain the MVR from the date stamped on the medical examination certificate. The medical examiner’s certificate or a copy must be placed in the DQ file for the 15 day period (or until the CDL issuing state MVR is put there). Without either the MVR or the medical examiner’s certificate (for the 15 day period), the motor carrier may not let the driver operate a CMV.
After January 30, 2015, a non-excepted, interstate CDL or CLP holder who does not have medical certification status information on the CDL issuing state motor vehicle record will be designated “not-certified” to operate a CMV in interstate commerce. A motor carrier may use a copy of the driver’s current medical examiner’s certificate that was submitted to the state for up to 15 days from the date it was issued as proof of medical certification.
Under a proposed rule issued May 10, 2013, the 15 day grace period will eventually be removed. (78 Fed. Reg. 27349.) If the proposed rule is adopted without change, carriers would be required to obtain the CDL issuing state MVR before letting the driver drive, and would not be able to rely on putting the medical examiner’s certificate in the DQ file. The rule would require medical examiners to submit the results of their medical examinations on the same day as the examination, and for states to update their CDL issuing state MVR information within a day. Because there would be no delay in the information being put in the CDL issuing state, here would be no need for a delay in carriers obtaining the information.
If you are under CNS Driver File Management program there is no need to worry! We have got you covered. We will pull your CDL or CLP holders record 15 day after the medical card expires. We will also keep informing you on when the CDL or CLP holder’s medical card expires.
Not enrolled in CNS Driver File Management program yet? Contact us today and learn how easy it is to enroll. Plus, we will get you 100% compliant with your driver files. Call 1-888-260-9448 today.