fmcsa clearinghouse must know & mandatory stuff

Print and give to your employer after you have completed the DOT SAP Process!!

Here is the guidance regarding how the follow-up testing plan follows the employee from employer to employer and through times when the driver isn’t operating:

https://www.transportation.gov/odapc/part40/40-307

(e) The requirements of the SAP's follow-up testing plan “follow the employee” to subsequent employers or through breaks in service.

Example 1 to Paragraph (e): The employee returns to duty with Employer A. Two months afterward, after completing the first two of six follow-up tests required by the SAP's plan, the employee quits his job with Employer A and begins to work in a similar position for Employer B. The employee remains obligated to complete the four additional tests during the next 10 months of safety-sensitive duty, and Employer B is responsible for ensuring that the employee does so. Employer B learns of this obligation through the inquiry it makes under §40.25.

Example 2 to Paragraph (e): The employee returns to duty with Employer A. Three months later, after the employee completes the first two of six follow-up tests required by the SAP's plan, Employer A lays the employee off for economic or seasonal employment reasons. Four months later, Employer A recalls the employee. Employer A must ensure that the employee completes the remaining four follow-up tests during the next nine months.

Recommend that employees use an agency to handle this for them so that they know they are always compliant and that they do not miss any of their testing.

Print and give to your employer after you have completed the DOT SAP Process!!

This driver has successfully completed a SAP return-to-duty process.

In order to be eligible to drive, this driver must have a negative return-to-duty test.

Only an employer can order a return-to-duty test. A SAP is not permitted to order this test.

If you intend to hire this driver, you must order a return-to-duty test. The test must be observed. If you are hiring this driver, the test will also serve as the driver’s pre-employment test. You would not have to require the driver to take a separate pre-employment test.

If the return-to-duty test is negative, you (the employer) are responsible for recording the date of the negative result on the driver’s record in the Clearinghouse. When you enter the date, the driver’s status will change to Eligible to Drive, and the driver can start performing safety-sensitive functions for you.

The employer must enter the date of the negative test on the driver’s record in the Clearinghouse within 3 business days.

Here is the guidance from FMCSA’s  for 

 FMCSA REGULATIONS PERMIT A RETURN-TO-DUTY TEST TO ALSO DOUBLE AS THE DRIVER’S PRE-EMPLOYMENT TEST, PROVIDED THAT THE COLLECTION IS OBSERVED

website:   https://www.fmcsa.dot.gov/regulations/title49/section/382.301 

Question 7: A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she tested positive. The driver applies for work with a new employer. Must the new employer conduct two separate controlled substances tests (one pre-employment and one return-to-duty), or will one test suffice for both purposes? Guidance: An individual, who has complied with the education/treatment process as required under 49 CFR Part 40, Subpart O, but has not submitted to a return-to-duty test, and is seeking employment with a new employer, a single test will suffice to meet the requirements of 382.301 AND 382.309 only when the new employer would be required to conduct both tests on the same day.

You can contact the clearinghouse staff at:

Website: https://clearinghouse.fmcsa.dot.gov/

Staff:  844-955-0207

Motor Carrier Portal Team:  800-832-5660

Email:  clearinghouse@dot.gov 

Register on the FMCSA Clearinghouse (Mandatory for all Drivers/Employers):  

TIPS/MUST DO’S FOR DRIVERS AND EMPLOYERS:

 
*IMPORTANT NOTE: CDL EMPLOYERS AND EMPLOYEES ONLY: HAVE YOU COMPLETED THE PROCESS WITHIN THE FMCSA CLEARINGHOUSE? IF NOT, YOU MUST IT IS MANDATORY AND YOU CANNOT GO BACK TO WORK UNTIL IT IS DONE. PLEASE REGISTER AND LEARN WHAT YOU ARE SUPPOSED TO DO ON THE CLEARINGHOUSE AT: https://clearinghouse.fmcsa.dot.gov/ 

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*The positive results documentation  must be provided to the DOT SAP immediately including the refusal to test, temperature not right, or any other reason. An employee cannot go back to work until the entire process is completed which means the DOT SAP must provide the approval for the employer to give the RTD UA test which happens after the follow up appointment.  

 
*  The employer is required to report the positive screen (refusal, or other) into the FMCSA Clearinghouse Database.
*  The employee must immediately register with the FMCSA Clearinghouse by going to https://clearinghouse.fmcsa.dot.gov/. For assistance, please call the Clearinghouse Help Line at 844-955-0207.
 *  You must immediately cease performing safety-sensitive functions (driving) until the required Return-to-Duty process has been completed.
 *   Please be sure to read the FMCSA Clearinghouse guidelines carefully.
 *  You can only return to duty after the DOT  SAP has approved for your RTD testing to the employer.  The employer is the only person who can approve for you to go back to work when you have completed the RTD testing and it is negative for all illicit / marijuana substances/chemicals.  
 

*NO ALCOHOL OR DRUG USE, INCLUDING CANNABIS OR CBD OILS DURING THE ENTIRETY OF THIS PROGRAM. NOT EVEN ONE BEER!!! This DOT SAP can request a UA or breathalyzer at anytime she wishes. If you come back positive you are off the program or recommendation of a higher level of care which could include inpatient treatment. 

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*All Department of Transportation (DOT) Return-to-Duty (RTD) and Follow-Up tests must be conducted under direct observation with a same sex observer. A follow up test is required to be conducted within the first two weeks the employee is back to the safety sensitive position. At least alcohol/drug 6 random will be required in the first year

*Note to Employer: IF THE TESTING PLANS/SCHEDULES ARE NOT FOLLOWED ACCORDINGLY, COMPANIES CAN BE FINED HUGE AMOUNTS OF MONEY EVERY DAY, SOMETIMES UP TO $11,000 A DAY!!!

*Note to Employee: EMPLOYEES PLEASE INFORM YOUR EMPLOYERS TO FOLLOW THE TESTING PLAN ACCORDINGLY. YOU WILL HAVE AT LEAST 6 FOLLOW TESTS IN THE FIRST YEAR. IN ADDITION, AFTER YOU RETURN TO DUTY, THE FIRST TEST WILL BE WITHIN THE FIRST TWO WEEKS. EMPLOYEE IS NOT ALLOWED TO VIEW THE TESTING PLAN. IT IS FOR THE EMPLOYER ONLY.  If test are not followed accordingly the employee may have to do the entire process over!!! it has happened! don’t let it happen to you!! hold the employer accountable!

Contact information for more information and rules/guidelines:

fmcsa clearinghouse
Website: https://clearinghouse.fmcsa.dot.gov

Staff:  844-955-0207

Motor Carrier Portal Team:  800-832-5660

Email:  clearinghouse@dot.gov

Relax!  You got this!  Take the time to read the instructions and watch the video tutorials on the clearinghouse and then register and complete the process.    It's important you understand the entire process so that your Driver who is participating in the DOT SAP process can get back to work.  He or she needs to provide for their family!  In addition, at the end of the process please record and follow the testing plan accordingly for the employee as if it is not done properly your company can be fined HUGE AMOUNTS OF MONEY AND THE EMPLOYEE MAY HAVE TO START THE PROCESS OVER AGAIN.  Also,   Employee must also sign a Release of Information with current employer if employee changes jobs, so that the  DOT SAP documents can be forwarded on to the next employer.   

You can contact the clearinghouse staff at:

Staff:  844-955-0207

Motor Carrier Portal Team:  800-832-5660

Email:  clearinghouse@dot.gov