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.

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.

The post Reminder: Changes to Federal Drug Testing and Alcohol Forms appeared first on Blueline.

This new program change will be effective beginning on January 1st, 2020.

If Blueline currently manages random testing of your DOT drivers, we will implement these new program changes for you. But we wanted to make you aware of this announcement and prepared for the random rate increase beginning in January.

The random drug testing process will remain exactly the same. The minimum annual percentage rate for random alcohol testing will remain at 10%.

To see more detailed information about this change, you can view the DOT’s official notice here.

Thank you for your continued business, please feel free to reach out to us with any questions!

Blueline Services Drug Testing Department
801-575-8378
mail@blueline-services.com

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What is the new Clearinghouse?

The Clearinghouse will improve highway safety by helping employers, FMCSA, State Driver Licensing Agencies, and State law enforcement to quickly and efficiently identify drivers who are not legally permitted to operate commercial motor vehicles (CMVs) due to drug and alcohol program violations. This secure online database will provide access to real-time information, ensuring that drivers committing these violations complete the necessary steps before getting back behind the wheel, or performing any other safety-sensitive function.

Who will the Clearinghouse affect?

It will affect “all CDL drivers who operate CMVs on public roads, and employers/service agents.”
This includes, but is not limited to:
-Interstate/intrastate motor carriers, includes passenger carriers
-School bus drivers
-Construction equipment operators
-Limousine drivers
-Municipal vehicle drivers (e.g., waste management vehicles)
-Federal and state agencies that employ drivers subject to FMCSA drug and alcohol use testing regulations (e.g., Department of Defense, public transit)

What will be reported to the Clearinghouse?

-A verified positive, adulterated, or substituted controlled substance test
-Refusal to test (includes failure to appear)
-A verified positive alcohol test above .04
-DUI citation in a CMV
-DUI conviction in a CMV
-Actual knowledge of illicit alcohol or dug use (382.107)
-Negative return-to-duty
-Completion of follow-up

What should I do to get started with the Clearinghouse?

To get the process started, here are the steps that we suggest you implement right away:

1. Register your company at clearinghouse.fmcsa.dot.gov
   1. If you have a USDOT number, the clearinghouse will pull your company information from other relevant systems. Make sure to double check the accuracy of the information pulled.
   2. Assign others in your company to be assistants to help you manage the information provided through the clearinghouse.
2. Assign Blueline Services as your C/TPA (Consortium/Third Party Administrator).
3. Pre-purchase enough queries to cover your current DOT regulated employees.
   1. Queries never expire and additional can be purchased as needed.
4. Get your drivers to register at clearinghouse.fmcsa.dot.gov right away!
   1. A driver must register and give consent for his/her information to be accessible.  If they want to maintain a CDL, they HAVE to register on the clearinghouse site.  
   2. Drivers can monitor their information and dispute reported information directly on the site.

All employers with FMCSA regulated employees must register and use the clearinghouse. If drivers do not register, the consent will be sent by regular mail to the address on their CDL. This will delay employment and potential opportunities for drivers, so is in their best interest to register online.  Employers must query all new drivers before hire and all current drivers must be queried annually. The Clearinghouse is not yet integrated with other screening vendors/platforms, which means the queries need to be performed directly on the clearinghouse site. For the first three years (DOT requires a 3 year employment verification), Blueline can still provide the required employment verifications while the database catches up (year by year) to the requirement.  

We know change can cause heartburn, but this update is one that will be good for employers and overall industry safety. We encourage you to check out the excellent resources on the FAQ and Leaning Center pages of the clearinghouse website https://clearinghouse.fmcsa.dot.gov/ . 

Thank you for your continued business, please reach out to us with any questions or implementation issues.  

Blueline Drug Testing Department
801-575-8378
mail@blueline-services.com

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1. Register your company at clearinghouse.fmcsa.dot.gov
   1. If you have a USDOT number, the clearinghouse will pull your company information from other relevant systems. Make sure to double check the accuracy of the information pulled.
   2. Assign others in your company to be assistants to help you manage the information provided through the clearinghouse.
2. Assign Blueline Services as your C/TPA (Consortium/Third Party Administrator).
3. Pre-purchase enough queries to cover your current DOT regulated employees.
   1. Queries never expire and additional can be purchased as needed.
4. Get your drivers to register at clearinghouse.fmcsa.dot.gov right away!
   1. A driver must register and give consent for his/her information to be accessible.  If they want to maintain a CDL, they HAVE to register on the clearinghouse site.  
   2. Drivers can monitor their information and dispute reported information directly on the site.

 
All employers with FMCSA regulated employees must register and use the clearinghouse. If drivers do not register, the consent will be sent by regular mail to the address on their CDL. This will delay employment and potential opportunities for drivers, so is in their best interest to register online.  Employers must query all new drivers before hire and all current drivers must be queried annually. The Clearinghouse is not yet integrated with other screening vendors/platforms, which means the queries need to be performed directly on the clearinghouse site. For the first three years (DOT requires a 3 year employment verification), Blueline can still provide the required employment verifications while the database catches up (year by year) to the requirement.  
 
We know change can cause heartburn, but this update is one that will be good for employers and overall industry safety. We encourage you to check out the excellent resources on the FAQ and Learning Center pages of the clearinghouse website https://clearinghouse.fmcsa.dot.gov/ . 
 
Thank you for your continued business, please reach out to us with any questions or implementation issues.  
 
Blueline Drug Testing Department
801-575-8378
mail@blueline-services.com 

The post Clearinghouse Information appeared first on Blueline.

These guidelines will allow federal executive branch agencies to collect and test oral fluid specimen as a part of their drug testing programs.

The OFMG will be effective starting January 1st 2020. However, federal agencies will not be able to conduct oral fluid drug testing of federal employees until HHS has approved laboratories for oral fluid drug testing in accordance with the OFMG.

These guidelines may also be used by agencies such as the Department of Transportation (DOT) and Nuclear Regulatory Commission (NRC) as part of their regulated drug testing programs, but these agencies must engage in separate rule-making activities.

This is the first time since 1986 that a specimen other than urine will be able to be used in the federal agency testing programs.

Some important things to take note of with these new changes:

-The specimen collection, laboratory analysis, and medical review of oral fluid tests will mirror existing procedures and processes currently in place for urine drug testing.
-Laboratories must be approved by the HHS National Laboratory Certification Program for oral fluid drug testing. Requirements for approval will largely mirror those currently in place for urine drug testing laboratories.
-The oral fluid specimen collections must be observed, use an FDA-cleared specimen collection device, and will require split specimen procedures using 2 separate devices.
-Federal agencies will be allowed to use oral fluid testing for all of the same testing reasons as currently authorized for urine drug testing and will not be required to choose between using only urine or oral fluid.
-An approved federal custody and control form (CCF) will be used to document the oral fluid collection and establish chain of custody of the specimen.
-The drug testing panel will test for the same drugs as the federal panel for urine drug testing. Cut-off levels specific to oral fluid are included in the OFMG.
-The OFMG contains provisions for when an individual cannot provide adequate volume oral specimen or urine specimen.
-The OFMG only refers to and permits lab-based oral fluid drug testing, not instant or POCT oral fluid testing.

It has taken many years from the first time SAMHSA publicly recognized the valuable attributes of lab-based oral fluid testing until now—announcing the proposed regulations. The agency has said that their hopes with releasing oral fluid testing options will be to help reduce time and money needed in order to maintain a drug testing program, and help eliminate the ever-growing issue of drug test cheating.

To see further details on these latest updates, you can view the guideline announcement here.

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