Consortium Versus Clearinghouse:
DOT auditors tell us that one of the most common violations they see now is CDL drivers not participating in a drug and alcohol testing program (or an owner-operator working with a consortium), or companies not registering or using stored DOT drugs and alcohol The CDL Clearinghouse for Violations.
This became apparent when new carriers conducted new entrant
audits within the first 6-12 months of operations, and auditors found these
errors.
The purpose of this article is to help drivers and carriers understand the difference between the Drug and Alcohol Alliance and the CDL Drug and Alcohol Clearinghouse, understand their requirements, and find out what, if any, you need to use.
What is the DOT Consortium?
Let's start with the basics.
The DOT Alliance is a must-have DOT drug and alcohol testing
program for any employee operating a commercial motor vehicle (CMV) that
requires a CDL in intrastate or interstate commerce.
"Qualified employees" include:
Drive a single vehicle with a Gross Vehicle Weight (GVW) of
26,001 lbs. or more
Drive vehicles such as trucks (including pickups) or
trailers (10,001 lbs or more) and two units with a gross weight of 26,001 lbs.
or more
Drive a bus or limousine that seats 16 or more passengers,
including the driver
Drive a vehicle that transports hazardous waste of any size,
weight or quantity, which requires a Hazardous Materials sign
The DOT drug and alcohol testing program must conduct the
following tests on "qualified employees":
Before Employment
After The Accident
Random
Reasonable Doubt
Return to Work
Follow Up
Given the complexity of the DOT's drug and alcohol testing
requirements, most companies hire a Consortium/ThirdParty Administrator (C-TPA) to help manage their drug testing programs.
Additionally, owner-operators must register with the consortium if they meet
the above requirements and participate in the consortium's random testing pool.
Companies should look for consortia, such as CNS, that meet
the DOT's mandatory requirements for the following capabilities:
Random Selection
Consult
Company Drug and Alcohol Policy Support
24/7 Emergency Support
Tested in an Accredited Laboratory
Collection Point Management
Maintenance Service
Clearinghouse Reports for Mro/Collection Sites
Record Keeping and Reporting Assistance
What is the CDL Clearinghouse?
On January 6, 2020, FMCSA launched the CDL Clearinghouse, an
online database that will store and search CDL driver drug and alcohol testing
violations and return-to-work information.
The purpose of the CDL Clearinghouse is to prevent CDL
drivers from jumping jobs due to positive drug and alcohol test results,
refusal to test, or providing information about the driver's return-to-work
process.
Information in the clearing-house database will include:
Positive drug and alcohol test results
refuse the test, and/or
CDL driver return process information
Who does it apply to?
DOT Consortium
Any owner-operator needs a DOT federation:
Drive a single vehicle with a Gross Vehicle Weight (GVW) of
26,001 lbs. or more
Drive vehicles such as trucks (including pickups) or
trailers and two units with a gross weight of 26,001 lbs. or more
Drive a bus or limousine that seats 16 or more passengers,
including the driver
Drive a vehicle that transports hazardous waste of any size,
weight or quantity, which requires a Hazardous Materials sign
Although not required, most companies with "qualified
employees" hire a consortium to help manage their drug and alcohol testing
programs.
clearinghouse
The FMCSA Clearinghouse database will include drug and
alcohol testing violations by CDL drivers who operate CMVs over 26,000 pounds
combined, have more than 15 seat belts, or are hauling anything that requires a
DOT HAZMAT placard.
To use the database, employers and some drivers need to
register with the clearinghouse.
This includes:
Employers of CDL Drivers
Owner Operator
Drivers who are looking for a new job (pre-employment
testing process), hold a Commercial Driver's License (CDL) or a Commercial
Learning Permit (CLP)
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