Independent of the FMCSA and Executive activities, a bill was introduced in the U.S. Senate on April 7, 2011 that authorizes funds and directs DOT to develop the database and gives the database the catchy name of National Clearinghouse for Alcohol and Controlled Substance Test Results of Commercial Motor Vehicle Operators. The basic highlights of the bill are:
- MROs and employers would have to submit test results and refusals to the clearinghouse.
- All urine collection sites will be required to register with DOT, and certify themselves annually. A complete list of registered sites would be published annually in the Federal Register
- The bill would require that the database be maintained by a third party contractor and have security protections to ensure privacy.
- Employers would pay a nominal fee to use the system. There would be no charge for drivers who are requesting their own information.
- Employers would have to make sure that a driver applicant has been tested within the past three years. If the test was positive, the driver must have completed the required return-to-duty process. The employer also has to check if a driver has refused to take the test and the employer would have to re-check the database once a year after hiring the driver.
- An employer would have to get the driver’s consent before looking at his record. The clearinghouse administrator would have to notify a driver when the clearinghouse has received a record, when a record has been modified or deleted, and when a result has been released to an employer.
- Drivers would be able to make sure that their records are accurate, and could make updates if necessary. There would be a dispute procedure, including an appeal process.
- State motor vehicle departments would have access as part of the CDL application process. Status of LegislationThis Senate bill could move independently, but it is also likely that the bill will be attached to the larger pending reauthorization of the federal highway program. The political issue in addition to the universal issue of “costs” may be concern over privacy and the “big brother” aspect of the oversight here. These concerns, however, when framed in terms of public safety have not gotten much traction in the past few years.
This Senate bill could move independently, but it is also likely that the bill will be attached to the larger pending reauthorization of the federal highway program. The political issue in addition to the universal issue of “costs” may be concern over privacy and the “big brother” aspect of the oversight here. These concerns, however, when framed in terms of public safety have not gotten much traction in the past few years.