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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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 

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Why Do Employers Need A Query Plan?

In order to conduct queries within the Drug and Alcohol Clearinghouse, employers of CDL drivers and owner-operators must purchase a query plan.

The Clearinghouse final rule requires that employers conduct queries both as part of any pre-employment driver investigation and at least annually for every CDL driver they currently employ.

Please note that query purchases are required for designated consortia/third-party administrators (C/TPAs) to conduct queries on prospective and current drivers in the Clearinghouse and that C/TPAs cannot purchase queries on behalf of employers.

There is a $1.25 flat rate per query – including both limited and full queries. However, options are available for high-volume users.

To see more details about the Clearinghouse query plans, you can visit their website here.

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We’ve included answers to the top 5 most frequently asked questions on their website here as well as information about the form changes. To find more answers and information, you can visit their website here.

Changes To Drug Testing Custody and Control Form and Alcohol Testing Form

The FMCSA has announced that there will be changes to the required data on Federal Drug Testing Custody and Control Forms (CCF) and Alcohol Testing Forms (ATF).

Current forms allow the use of either a driver’s social security number (SSN) or employee identification number (EIN) when completing a CCF or ATF. However, effective January 6, 2020, the FMCSA will require that drivers’ commercial driver’s license numbers be used instead of SSN or EIN when FMCSA-covered drivers’ positive drug or alcohol test results are reported to the Clearinghouse.

To see further details about this update, you can check out their announcement here.

What is the Drug and Alcohol Clearinghouse and what information will it contain?

The Clearinghouse is a secure online database that will give employers, the FMCSA, State Driver Licensing Agencies (SDLAs), and state law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.

The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information will also be recorded in the Clearinghouse.

If a driver has a drug and alcohol program violation in one state, then applies for a commercial driver’s license (CDL) in another state, will the Clearinghouse be able to connect that driver’s drug and alcohol violation history to the new CDL?

Yes. The Clearinghouse will identify drivers who move frequently and obtain CDLs in different states and link those CDLs, in order to maintain complete and accurate information on such drivers.

How will driver data be protected in the Clearinghouse?

The Federal Motor Carrier Safety Administration (FMCSA) takes the protection of personal information very seriously. The Clearinghouse will meet all relevant federal security standards and FMCSA will verify the effectiveness of the security protections on a regular basis.

• Clearinghouse information will not be available to the public; only authorized users will be able to register and access the Clearinghouse for designated purposes.
• The Clearinghouse will require authentication, via a login.gov username and password, to access records. Login.gov, a shared service which offers secure online access to participating government systems, also requires the completion of a user verification process to ensure the proper person is using those credentials.
• Drivers registered in the Clearinghouse will be able to access their Clearinghouse records at any time, and at no cost to them. Drivers will only be able to access their own information, not information about other drivers.
• FMCSA will only share detailed drug and alcohol violation information with a prospective or current employer, and/or their designated consortium/third-party administrator (C/TPA), when an employer or designated C/TPA has requested and received specific consent from the driver. Drivers will be able to see the information that would be released to an employer before consenting to the release.
• Driver information will only be used by FMCSA and other enforcement agencies as required to enforce drug and alcohol testing regulations.

How do authorized users sign up to access the Clearinghouse database and when will registration be available?

Employers, drivers, medical review officers (MROs), substance abuse professionals (SAPs), and consortia/third-party administrators (C/TPAs) must register in the Clearinghouse to access the Clearinghouse database. Clearinghouse registration is scheduled to open in fall 2019. Sign up now to receive email updates, including a notification once registration is open.

Does the final rule change any of the existing drug and alcohol program requirements in Part 40?

No, the final rule does not change any existing requirements in the U.S. Department of Transportation (DOT)-wide procedures for transportation workplace drug and alcohol testing.

The Drug and Alcohol Clearinghouse will take effect in January 2020. This Clearinghouse applies to employers and employees under the U.S. Department of Transportation. If you have further questions about the Clearinghouse, please visit the FMCSA’s website.

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To help answer some of those questions, we’ve included this chart the FMCSA created below that outlines what different individuals can expect regarding the Clearinghouse.

It outlines all the different roles and uses for drivers, employers, TPAs, consortiums, medical review officers, and substance abuse professionals.

If you have further questions about the Clearinghouse, the website linked here is a great place to start. There are answers to some of the most frequently asked questions, along with additional information and an interactive timeline.

We’re also here to help answer any Clearinghouse questions that you might have!

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For those DOT members who will be a part of the Clearinghouse, below is a timeline of upcoming events happening for the Clearinghouse that you should be aware of.

The Clearinghouse final rule was made back in December of 2016. This rule created a drug and alcohol clearinghouse for the DOT. It also identified the roles and responsibilities of those who will be required to use the Clearinghouse. You can see that final rule here.

Fall 2019: Registration Begins

This upcoming fall users will be able to create an account for the Clearinghouse that will give you access once the Clearinghouse becomes operational on January 6, 2020.

January 6, 2020: Clearinghouse Implementation Date

Mandatory use of the Clearinghouse to report and query information about driver and alcohol program violations will go into effect on this date. Employers will be required to conduct both electronic queries within the Clearinghouse and manual inquires with previous employers to cover the preceding three years.

January 6, 2023: Clearinghouse Three-Year Mark

Employers must query the Clearinghouse to satisfy the employer requirement to identify prospective drivers who have committed drug and alcohol program violations.

If you have any more questions regarding the DOT Clearinghouse and how it applies to you, check out the FMCSA’s information on the Clearinghouse here.

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