CDL Drivers to Lose License for Positive Drug Tests
Trucking regulators at the federal level have issued a very serious and stern warning to all CDL operators.
Starting late next year, truck drivers who test positive for drug use will face severe consequences. Not only will they be placed on prohibited driving status, but they will also lose their commercial driver licenses, and learning permits will be denied until they successfully complete the federal return-to-work process.
The Federal Motor Carrier Safety Administration (FMCSA) issued a notice on November 28, emphasizing that drivers with a drug-and-alcohol program violation are barred from engaging in safety-sensitive functions, including operating Commercial Motor Vehicles (CMVs), until the return-to-duty process is satisfactorily completed. As part of the new federal regulations set to take effect by November 18, 2024, drivers marked with a ‘prohibited’ status in the Drug and Alcohol Clearinghouse will face the loss or denial of their state-issued commercial driving privileges.
Although the FMCSA’s final rule was initially issued in October 2021, a recent reminder was sent out to drivers recently. The reminder stressed that positive drug tests will trigger action from state driver licensing agencies upon posting in the Clearinghouse.
According to an agency spokeswoman, a Commercial Driver’s License (CDL) will remain prohibited until the FMCSA receives confirmation that the driver has completed the return-to-duty process. The violation is then removed from the Clearinghouse.
Guidelines for Substance Abuse Evaluation and Testing
The final rule is designed to enhance road safety by ensuring compliance with the CMV driving prohibition, keeping unsafe drivers off the roads. Employers are obligated to provide drivers with a list of Department of Transportation (DOT)-qualified substance abuse professionals for education and treatment. Drivers can choose their Substance Abuse Professional (SAP) based on their research, and the SAP evaluates when a driver is eligible for retesting.
To maintain a ‘not prohibited’ status, employers must collaborate with drivers on a follow-up testing plan specified by the SAP. This plan includes a minimum of six unannounced follow-up tests in the first 12 months of returning to safety-sensitive functions. For owner-operators, designated consortiums or third-party administrators must oversee the follow-up testing plan.
Impact of the Clearinghouse
While the Clearinghouse has effectively removed numerous drug-using drivers from the highways, concerns persist about a significant number of drivers remaining in prohibited driving status after failing drug tests. This suggests that many drivers are opting to leave the profession rather than enrolling in the return-to-duty program.
Since the inception of the Clearinghouse in January 2020, there have been 224,000 recorded positive drug and alcohol tests. The majority of those tests are related to marijuana use. As of the end of September, 149,374 drivers were still in prohibited status, and 113,639 had not yet initiated the return-to-work program.
Addressing Concerns Surrounding Driver Departures
Despite a recent research report by the American Transportation Research Institute highlighting driver marijuana test failures, the FMCSA acknowledges having no research of its own to explain why a large majority of drivers who test positive for substances choose to leave the trucking industry.
The ATRI study reveals that marijuana presents a unique problem, as its use is legal in many states, but truck drivers are strictly prohibited from using it. The zero-tolerance policy means that even a single instance of marijuana use can result in a failed drug test.
The FMCSA noted that in 2021 and 2022, over 1 million new CDL driver records were added to the Commercial Driver’s License Information System by states, indicating a significant influx of new drivers into the industry. The agency believes that its drug and alcohol program is enhancing safety by holding individual drivers accountable for violations and ensuring compliance with return-to-duty requirements.
If you need help with drug testing or getting enrolled in a drug and alcohol consortium, contact FCCR at 771-888-3187 or online at https://fccr.co/product/drug-alcohol-testing-compliance/
We are here to help.
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