DOT Creates Database Tracking Drivers’ Drug and Alcohol Violations

Regulations from the Department of Transportation Federal Motor Carrier Safety Administration (“FMCSA”) recently established a Commercial Driver’s License Drug and Alcohol “Clearinghouse”. The Clearinghouse is an electronic database that contains information about commercial motor vehicle drivers’ drug and alcohol program violations. Although the Clearinghouse rule actually took effect on January 4, 2017, the implementation date for FMCSA-regulated employers, which includes school districts, was January 6, 2020.

Initially, to comply with Clearinghouse requirements, school districts must register to participate in the Clearinghouse. Once registered, school districts must use the Clearinghouse to report and check on drivers’ compliance with the DOT drug and alcohol regulations.

Through the Clearinghouse, schools must conduct “queries” when hiring new drivers, and at least once a year for drivers employed by the school district. Under Federal law, individuals must give consent to queries about them. However, if they fail to give consent, they may not perform safety-sensitive functions (such as driving a bus).

Importantly, the regulations permit individual drivers to give consent to conduct queries effective for more than one year. The FMCSA has acknowledged this is the most efficient way to administer the program, stating that: “FMCSA envisions that employers would obtain one general consent to query from drivers at the time they are hired in order to conduct these annual or more frequent limited queries, reducing the burden on employers to obtain such consent on a yearly basis.”

In obtaining consent from drivers, it is important for schools to craft consent forms that are consistent with bargaining obligations under the Taylor Law, and any applicable collective bargaining agreements.

If you have any questions regarding the Clearinghouse regulations or would like assistance in preparing your school district’s Clearinghouse consent form, feel free to contact Jeffrey M. Lewis, Esq. at jmlewis@ferrarafirm or at one of the telephone numbers listed below.