DOT Update on Revised CCF

The changes were made to accommodate the use of oral fluid specimens for the Federal drug testing program. However, oral fluid testing is NOT authorized in the DOT’s drug testing program.

If the old CCF is used after August 30, a Memorandum for the Record (MFR) must be completed, or the test will be canceled. Test results may also take longer if you choose to use the old CCF and an MFR, instead of using the revised CCF.

If you decide to keep the chain of custody forms on hand, you will need to order the revised CCF from Blueline. The online platform is updated to reflect these changes as well. If you are going to use a collection site, they will have the revised CCF there for you.

To order the revised CCF or if you have any questions, reach out to us at mail@blueline-services.com.

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The U.S. Department of Transportation (DOT) has increased fines for trucking regulation violations. DOT issued a final rule earlier this year that allows the Federal Motor Carrier Safety Administration (FMCSA) to assess civil penalties for employers, employees, or medical review officers who violate the Drug & Alcohol Clearinghouse.

Violations related to commercial driver’s licenses could be subject to a fine of $5,833, which is more than double the amount of $2,500 that the same Clearinghouse violation would have cost you in previous years. The change in fines reflects inflation increases that should have been adjusted long ago. This was done in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires federal agencies to increase fines to account for inflation each year.

Other notable penalty changes from the final rule include:

• Violations of commercial regulations (property carriers) – Old fine $10,932. New fine- $11,125
• Minimum rail safety penalty – Old fine $892. The new fine is $908.
• Maximum civil penalty for violating procedures for use and allocation of shipping services, port facilities, and national defense operations – Old Fine $26,582. New fine $27,051.

Keeping track of all these changes can be confusing. Thankfully, Blueline stays on top of the latest regulations and changes to keep you in compliance. Reach out to us if you have any questions.

The post Even More DOT Nagging – Regulations appeared first on Blueline.

Several states changed or updated alcohol and marijuana policy. Here’s the rundown of legislative changes:

• Alabama – Made it illegal to use supplements or synthetic urine to fool drug screens.
• Delaware – Added the treatment of anxiety to the list of qualifying conditions.
• Iowa – Updated their THC limits from 3% to 4.5% per gram for patients. Terminally ill patients may have different levels approved.
• Maryland – Increased amount of marijuana needed to qualify as a criminal offense. Anything under a certain amount is a civil offense.
• New York – Added to its mandatory drug testing pre-employment screenings. Any for-hire drivers that transport 10+ must take a pre-employment drug test. CDL and non-CDL drivers are both required to take pre-employment tests.
• Oklahoma – Funded the start of a marijuana breathalyzer program.
• Utah – Changed workers compensation policy to lower the blood and breath alcohol levels required for employers to take action. The reduced amounts will also determine if a person qualifies for workers’ compensation and disability. Private employers do not have to accommodate medical marijuana use under their drug and alcohol policies.
• Virginia – Some marijuana possession and CBD oils now have a civil penalty instead of a criminal penalty.
• West Virginia – If terminating an employee for violating a company drug and alcohol policy, gross conduct can be brought, negating any indemnity benefits.
• Washington, D.C. – Medical marijuana users cannot be excluded from hiring based on a positive marijuana test. No negative actions can be taken against the employee at work unless they use, are impaired, or possess marijuana in the workplace. Private employers are exempt from this rule.

These regulations were enacted by each states’ legislators. To that extent, this list doesn’t include any states that legalized marijuana or other drugs via ballot measures. As always, make sure to check with your legal department to determine if any of these changes may affect you. Blueline is here to help you navigate through this Rundown of Legislative Changes.

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DOT Employment Verifications are stuck in 1995.

Check out Blueline’s new SPHRR (verification) platform and see how you can save a TON of time and hassle.

You are going to LOVE it. No more babysitting applicant information, no more paper, and no more faxing! Our mobile-friendly platform allows applicants to input previous employer history and required information in the most efficient and compliant possible. This helps you offload the pain and onboard new drivers faster than ever.

Free setup, free consultation, you are only charged for the verifications ordered. Check out the link below to see how it works or send us your info for a live demo.

SPHRR (Verification) Platform Demos

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To complete this process, employers must enter their FMCSA Portal User ID and password. Any employer having trouble accessing their Portal account should contact the FMCSA Portal Registration Call Center at 800-724-2811 (hours are Monday through Friday, 8:00 a.m.-8:00 p.m. ET).

Employers with multiple USDOT Numbers in their Portal account will need to ensure they have the correct Clearinghouse Portal user role for each USDOT Number. For more information, see the Clearinghouse Portal User Roles job aid.

To add a USDOT Number (or USDOT Numbers) to a Clearinghouse employer account:

1. Log in to the Clearinghouse
2. Go to My Dashboard > My Profile
3. Click the button that says Add USDOT# at the top of the My Employer Profile screen.
4. Follow the instructions provided by the Clearinghouse.

Don’t have an FMCSA Portal account?

Each Clearinghouse user whose company has a USDOT Number should have their own personal FMCSA Portal Account. To request an account, visit the FMCSA Portal page

Not all entities registered in the Clearinghouse will have a USDOT Number. For more information visit the Do I need a USDOT Number? page on the FMCSA website.

Add Your CDL Information

Employers who have a commercial driver’s license (CDL) have the option to add their CDL information. This will create an additional “Driver” role in their Clearinghouse account.

To add CDL information to an employer account, click the Add CDL# button at the top of the My Profile page (under My Dashboard) and follow the system instructions. If you have already added a CDL, this button will say “Update CDL#”.

Employers must not use this feature to enter information about CDLs belonging to anyone else, including employees. If you have inadvertently entered incorrect CDL information, click the Update CDL# button on your My Profile page and click Remove CDL.

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We, as a Nation, are facing an unprecedented public health emergency that is straining medical resources and altering aspects of American life, including the workplace. The Nation’s transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19.

DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and efficiently during this period of national emergency.

The below guidance on compliance with the DOT and modal drug and alcohol testing programs apply during this period of national emergency.

For DOT-Regulated Employers:

• As a DOT-regulated employer, you must comply with applicable DOT training and testing requirements. However, DOT recognizes that compliance may not be possible in certain areas due to the unavailability of program resources, such as collection sites, Breath Alcohol Technicians (BAT), Medical Review Officers (MRO) and Substance Abuse Professionals (SAP). You should make a reasonable effort to locate the necessary resources. As a best practice at this time, employers should consider mobile collection services for required testing if the fixed-site collection facilities are not available.
• If you are unable to conduct DOT drug or alcohol training or testing due to COVID-19-related supply shortages, facility closures, State or locally imposed quarantine requirements, or other impediments, you are to continue to comply with existing applicable DOT Agency requirements to document why a test was not completed. If training or testing can be conducted later (e.g., supervisor reasonable suspicion training at the next available opportunity, random testing later in the selection period, follow-up testing later in the month), you are to do so in accordance with applicable modal regulations. Links to the modal regulations and their respective web pages can be found at https://www.transportation.gov/odapc/agencies.
• If employers are unable to conduct DOT drug and alcohol testing due to the unavailability of testing resources, the underlying modal regulations continue to apply. For example, without a “negative” pre-employment drug test result, an employer may not permit a prospective or current employee to perform any DOT safety-sensitive functions, or in the case of the Federal Aviation Administration (FAA), you cannot hire the individual (See 14 CFR § 120.109(1) and (2)).
• Additionally, DOT is aware that some employees have expressed concern about potential public health risks associated with the collection and testing process in the current environment. Employers should review the applicable DOT Agency requirements for testing to determine whether flexibilities allow for collection and testing at a later date.
• As a reminder, it is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i). However, as the COVID-19 outbreak poses a novel public health risk, DOT asks employers to be sensitive to employees who indicate they are not comfortable or are afraid to go to clinics or collection sites. DOT asks employers to verify with the clinic or collection site that it has taken the necessary precautions to minimize the risk of exposure to COVID-19.
• Employers should revisit back-up plans to ensure the plans are current and effective for the current outbreak conditions. For example, these plans should include availability of collectors and collection sites and BAT, and alternate/back-up MRO, as these may have changed as a result of the national emergency. Employers should also have regular communications with service agents regarding the service agent’s availability and capability to support your DOT drug and alcohol testing program.

For DOT-Regulated Employees:

• If you are experiencing COVID-19-related symptoms, you should contact your medical provider and, if necessary, let your employer know about your availability to perform work.
• If you have COVID-19-related concerns about testing, you should discuss them with your employer.
• As a reminder, it is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i).

For Service Agents:

• As a collector, BAT, laboratory, MRO, or SAP, you should continue to provide services to DOT-regulated employers if it is possible to do so in accordance with State or local mandates related to COVID-19. Should you have concerns about COVID-19 when testing or interacting with employees, please follow your company policy, directions from State and local officials, and guidance from the Centers for Disease Control and Prevention (CDC).

You are encouraged to continue to monitor guidance from public health officials and to refer to official government channels for additional information related to COVID-19. The CDC provides helpful guidance and insight from medical professionals who closely monitor the virus. Click here to access the CDC latest updates (https://www.cdc.gov/coronavirus/2019-ncov/index.html). Also for reference, the Occupational Safety and Health Administration has released guidance on preparing workplaces for COVID-19
(https://www.osha.gov/Publications/OSHA3990.pdf)

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Old forms allowed the use of either a driver’s social security number (SSN) or employee identification number (EIN) when completing a CCF or ATF. However, now the FMCSA requires that drivers’ commercial driver’s license numbers (CDL) be used instead of SSN or EIN when FMCSA-covered drivers’ positive drug or alcohol test results are reported to the Clearinghouse.

What does this mean for Employers, C/TPAs, Collectors and Alcohol Technicians?

• In accordance with 49 CFR 382.123(b), the person completing the CCF or the ATF must annotate the driver’s CDL number and State of Issuance in Step 1, Section C of the CCF or Step 1B of the ATF for each FMCSA-regulated test.
• If the employer or C/TPA does not provide the CDL and the State of Issuance, then the collector or alcohol technician should ask the driver for this information at the collection site.
• Even if the CDL number and State of Issuance is not listed on the CCF, the collector must send the controlled substance test specimen to the laboratory for testing.

Please ensure that your forms have been updated to reflect these changes. If you have more questions on how this change might affect you please see our previous updates here and here as well as the FMCSA’s announcement.

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