Did you know the FMCSA Clearinghouse started a new violation alert system that immediately notifies motor carriers if there’s a change in a CDL driver’s Clearinghouse record? 😳
Learn what to do if you receive a driving record alert notification and what employers must do if a CDL driver’s record has changed.👇
| In a rush? 🚀 Just click the link below to jump to the Frequently Asked Questions (FAQ) section! ⬇️ |
FMCSA Clearinghouse Violations Alert System Impacts CDL Drivers
The Federal Motor Carrier Safety Administration (FMCSA) has started a new violation alert system that immediately notifies motor carriers if there’s a change in a CDL driver’s Clearinghouse record within 12 months following their last query.
Why do alert notifications matter to CDL drivers?
This change is significant for CDL drivers with recent drug testing violations as it closes an existing loophole in the FMCSA Clearinghouse reporting system.
How are alert notifications different than before?
In the past, a CDL driver could have a FMCSA Clearinghouse violation reported after a pre-employment driving record query, so if another employer hired the CDL driver before the next annual Clearinghouse check, the new motor carrier wouldn’t know about the prior driving record violation.
How could CDL drivers previously hide driving record violations?
Previously, Clearinghouse driving record violation alerts were only sent within 30 days following pre-employment queries.
FMCSA Employer Notification
Now, the Clearinghouse alert system will immediately notify motor carriers of all previously “hidden” violations occurring under a previous employer’s drug and alcohol testing program.
How do automatic driving record violation alerts work now?
Employers receive an email notification when a CDL driver has new information updated on their Clearinghouse driving record.
What Changes In a Clearinghouse Driving Record Would Prompt an Automatic Email Alert to My Employer?
A new violation (failed drug test or a refusal to drug test)
A negative return-to-duty (RTD) drug test
An entry from a Substance Abuse Professional (SAP)
A successful completion of the follow-up testing program
The FMCSA Clearinghouse will notify the CDL driver using the communication method chosen during the CDL driver’s Clearinghouse registration—either mail or email—any time information about the driver’s record is added, revised, or removed. 👀
FMCSA Clearinghouse Violations Alert System Impacts Motor Carriers
After receiving a FMCSA Clearinghouse alert that a CDL driver’s record has changed, the motor carrier must do the following:
- Request a full query within 24 hours
- Verify the driver’s status (prohibited or not prohibited)
| Special Notice |
|---|
| Motor carriers must remove the CDL driver from operating a commercial vehicle (safety-sensitive functions) if an unresolved testing violation is discovered. |
What are employers required to do?
The motor carrier must conduct a full query within 24 hours to determine exactly why the Clearinghouse driving record has changed.
However, the employer must receive a consent request with a CDL driver’s permission to view his or her information in the FMCSA Clearinghouse.
Per FMCSA regulations, the CDL driver MUST provide consent in the FMCSA Clearinghouse to continue driving a commercial vehicle.
What happens if the CDL driver refuses consent?
If a CDL driver chooses to refuse to consent to the Clearinghouse consent request, the employer will prohibit the CDL driver from performing safety-sensitive functions, like driving a commercial vehicle.
FMCSA Consent Requests
Why is the CDL driver prohibited from driving a CMV?
In short, refusing a consent request is essentially equivalent to refusing a drug test, which has the same result – you can no longer operate a commercial vehicle for any motor carrier in the US.
However, if the full query reveals an testing violation, the CDL driver can choose to complete the SAP Return-to-Duty Program and resume safety-sensitive functions, like driving a commercial vehicle.
What Is the SAP Return to Work Program?
If a CDL driver wants to complete the SAP program, what do you do first?
Contacting a DOT authorized Substance Abuse Professional (SAP) is the first step in the return-to-work process after a FMCSA Clearinghouse violation.
The substance abuse counselor is the link between your employer, the CDL driver, and compliance with DOT regulations.
What Are the 5 Steps of the SAP Return to Work Program a CDL Driver Must Complete to Return to Driving a Commercial Vehicle?
1. Contact a DOT authorized Substance Abuse Professional (SAP) and select your designated SAP in the FMCSA Clearinghouse.
2. Complete a substance abuse evaluation and assessment conducted by your designated SAP.
3. Successfully complete the required substance abuse treatment and education program recommended by your designated SAP.
4. Pass a Return-to-Duty (RTD) drug test, which makes the CDL driver eligible to drive a commercial vehicle.
5. Complete the follow-up testing program to maintain compliance with your employer as a CDL driver.
The SAP return to work program ensures that CDL drivers are well-equipped and rehabilitated to resume their safety-sensitive duties, like driving a commercial vehicle.
How to Choose a SAP Counselor Near Me?
Have you ever noticed how the best doctor or the best surgeon is always someone with decades worth of experience?
It works the same way with SAP counselors.
If you’re going to invest your time, money, and career on a SAP counselor, doesn’t it make sense to find a SAP counselor with decades worth of experience working specifically with CDL drivers?
Here’s a quick guide to help you choose the best SAP counselor for your circumstances:
How to Choose a SAP Counselor for CDL Drivers?
Certification and Training: Search SAPList using your local zip code to find DOT qualified SAP counselors near you.
Experience: Look for a SAP counselor with a track record of working with CDL drivers.
Knowledgeable: An experienced SAP should be well-versed with DOT regulations and the return-to-duty process.
Accessibility: Choose a SAP who offers both in-person or virtual consultations.
Good Reviews and Recommendations: Search for positive Google Reviews on websites or ask for recommendations.
How to Compare SAP Counselors for CDL Drivers?
Phone Consultations: Call a few local SAP counselors to gauge their level of experience, understanding of DOT regulations, and approach to evaluation and treatment.
Ask the Right Questions: Ask about their experience with CDL drivers and potential costs based on your specific circumstances.
Compare Responses: Compare their responses to find a SAP who you feel comfortable with and who meets the DOT requirements.
How to Designate a SAP Counselor in the FMCSA Clearinghouse?
Create an Account: If you haven’t already, create a FMCSA Clearinghouse account or login to your account.
Search for Your SAP: Use the search function to find and select your designated SAP.
Designate Your SAP: Follow the prompts to enter the SAP as your designated SAP before your first evaluation.
Finding and designating a well-qualified SAP is the first step towards returning to work safely.
How Much Does the DOT SAP Program Cost?
If you’re still on the fence about enrolling in the SAP program, consider the SAP process like an investment in your career future.
So yes, there are some upfront costs for the inital SAP evaluation, followed by the cost of the education and treatment program, but finally the DOT return-to-duty drug test, which puts you back on the job!
The follow-up testing period can vary from 12 months to 5 years, depending on the severity of your violation.
On average, the SAP evaluation typically costs around $500. Drug tests are usually priced at $30 to $60 each, depending on the lab.
The DOT SAP program could be paid by either you or your employer, depending on your company’s policy.
Some motor carriers do offer an EAP Program to offset the cost of the DOT SAP program.
Contact your company’s HR representative to learn more.
Frequently Asked Questions 🙋♂️
How to find a SAP counselor near me?
If you failed a drug test and need to find a DOT qualified SAP near you, search SAPList using your local zip code or schedule a SAP evaluation online by clicking appointment or call 817-781-7235 to speak with a SAP counselor in Texas. 👨💻
Do CDL drivers have to approve a Clearinghouse Consent Request?
Yes. Per FMCSA regulations, if the CDL driver chooses not to approve to the Clearinghouse consent request, the employer will prohibit the CDL driver from operating a commercial vehicle.
Do at home drug screening test work?
Yes, most at-home drug testing kits test for common drugs, including cocaine, methylamphetamine, MDMA, cannabis, and opiates, the at-home home drug test is only useful as a preventative measure with no legal validity.
Can you fail a drug test because of urine temperature?
Yes, the time from urination to temperature measurement may not exceed 4 minutes. If the temperature of a urine specimen is outside the range of 90 – 100 degrees, there is reasonable suspicion to believe the sample has been altered (adulterated or diluted) or substituted.
How much does the SAP return to work program cost?
On average, the SAP evaluation typically costs around $500. Drug tests are usually priced at $30 to $60 each, depending on the lab.
What are the federal CDL drug testing requirements?
The federal CDL drug testing requirements mandate that commercial driver’s license (CDL) holders undergo testing for five categories of drugs: marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).
Testing events include pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up tests as set by the Federal Motor Carrier Safety Administration (FMCSA).
How to find DOT Clearinghouse registration instructions?
To find FMCSA Clearinghouse registration instructions, you can visit the official Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse website.
On the site, navigate to the registration instructions for CDL drivers section, or you watch the step-by-step registration instructional video.
Is PCP on a drug test?
Yes, phencyclidine (PCP) is one of the substances commonly screened for in standard drug tests. It is included in the 5-panel drug test used by most employers and regulatory agencies.
Will Lomaira make you fail a drug test?
Yes, phentermine (Lomaira), is a prescription weight-loss medication, can potentially cause a false-positive for amphetamines on some urine drug tests. However, a confirmation test using gas chromatography/mass spectrometry (GC/MS) will differentiate phentermine from amphetamines and clarify the result.
Will Seroquel make you fail a drug test?
Not typically. Seroquel (quetiapine) is an antipsychotic medication that is not typically screened for in standard drug tests. However, in rare cases, Seroquel may cause a false-positive for methadone or tricyclic antidepressants, but confirmation tests can accurately differentiate and identify the specific substance present.
Can antidepressants like Wellbutrin and Prozac make you fail a drug test?
No, antidepressants like Wellbutrin XL (bupropion) and Prozac (fluoxetine) generally do not cause you to fail a standard drug test. However, some drug tests have been known to detect antidepressants as an amphetamine.
Will Trazodone make you fail a drug test?
Yes, trazodone is an older antidepressant used more commonly for behavioral disorders in dogs (separation anxiety and noise phobia); however, trazodone may cause a false positive test result, depending on dosage, for amphetamine or methamphetamine in humans.
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| If you failed a drug test and need to find a DOT qualified SAP near you, search SAPList using your local zip code or schedule a SAP evaluation online by clicking appointment or call 817-781-7235 to speak with a SAP counselor in Texas. 👨💻 |
