The Department of Transportation created new reporting requirements for employers of commercial driver’s license holders that will go into effect in 2020.
The new CDL drug and alcohol clearinghouse will serve as a central database to identify violations and collect information about whether a driver successfully completed mandated return-to-duty rehabilitation.
DOT issued the final rules establishing the clearinghouse on Dec. 2. Congress created it in 2012 in the highway program funding bill.
In January 2020 employers of CDL holders must register with the clearinghouse report drug testing information within three days of receiving it.
Among the information employers must report are verified positive drug test results, and alcohol tests showing a concentration of 0.04 or higher.
In addition, reporting requirements cover an employee’s refusal to submit to any DOT-mandated test, and an employer’s actual knowledge of DOT-prohibited alcohol and drug use.
Employers have no obligation to report drug and alcohol use that DOT does not prohibit or to report the results of testing not mandated by DOT.
The new rule also requires employers to obtain information from the clearinghouse about both job applicants and current employees, and pay an undetermined fee for the information.
Until the Clearinghouse has been operational for three years, employers also will be required to request drug and alcohol-testing histories from previous employers in addition to querying the clearinghouse.
The Littler Mendelson law firm urges employers to start now developing appropriate consent forms and draft policies to ensure compliance.