Revisions to Drug and Alcohol Clearinghouse proposed by the FMCSA in 2021

The Biden administration recently released a list of the next major regulatory issues to be addressed in the Unified Agenda of Federal Regulatory and Deregulatory Actions. One of the major items on the list is a proposal by the FMCSA to make revisions to the Drug and Alcohol Clearinghouse system and related rules.

The Drug and Alcohol Clearinghouse is an online database that provides employers and government agencies with real-time access to information about CDL driver drug and alcohol program violations. Specifically, “the Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.” The main database is located at the following website: https://clearinghouse.fmcsa.dot.gov/.

While not all employers utilize the database to screen for safety concerns, several companies and government agencies rely on the system to monitor driver records. The Biden administration’s recent regulatory agenda indicates that revisions to the Drug and Alcohol Clearinghouse will be an issue to address in 2021. The agenda notes provide the following information and details about the proposed revisions: “based on experience in administering the Drug and Alcohol Clearinghouse (DAC) requirements, FMCSA is proposing changes to streamline and improve error-correction procedures, queries, and consent requirements.” Updated information about this proposed change and status are available online through the website for the Office of Information and Regulatory Affairs: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=2126-AC43

Accurate, updated information is essential to improve public safety and provide available information about truck drivers to employers and government agencies. As the Drug and Alcohol Clearinghouse states on its website, meeting the requirements in the Clearinghouse rule helps “keep our Nation’s roadways safer for all drivers.” Indeed, it is our firm’s experience that there is a great need to ensure that unsafe drivers are kept off the road to avoid serious injuries and death.

If you or a loved one has been injured in an accident, contact our firm today for more information. 620.227.8126