In The News

Draft of highway bill includes strong language on drug clearinghouse

WASHINGTON — The draft of the new highway reauthorization bill authored primarily by Rep. James Oberstar, chairman of the House Transportation and Infrastructure Committee contains strong language requiring the Secretary of Transportation to establish a clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators.

It’s a clearinghouse long desired by federal officials and trucking executives and would be designed to keep repeat substance abuse offenders from jumping from company to company.

The clearinghouse would be a repository of records relating to violations of the testing program by individuals submitted to the DOT.

The bill requires the clearinghouse to be in operation not later than one year after the enactment of the new highway bill.

All motor carriers would have access to the data in the clearinghouse.

In general, a CDL holder who has tested positive for substance abuse and whose name had been entered into the database could be permitted by employers to “operate a commercial motor vehicle or perform any other safety-sensitive function if the employer determines, as often as required by the DOT, through a request for information from the clearinghouse that the individual (a) has not violated the requirements of  the testing program in the preceding three-year period or (b) if the individual has violated the requirements of the testing program during that  period, is eligible to return to safety-sensitive duties pursuant to the return-to-duty process

established under the testing program.”

Rules for the testing program are not spelled out in the draft bill, but rather would be established during the rulemaking process, The Trucker was told.

The Federal Motor Carrier Safety Administration was preparing to issue a Notice of Proposed Rulemaking near the end of the Bush administration, but decided to allow the Obama administration to deal with setting up the clearinghouse.

Former FMCSA Administrator John Hill has repeatedly called for a clearinghouse.

Under the present system, a CDL holder can fail a drug test and be fired from his or her present employer, but is not required to tell a prospective new employer about the failed test.

The clearinghouse would make substance abuse test information available electronically to any motor carrier.

Lyndon Finney of The Trucker staff may be reached to comment at [email protected] .

www.thetrucker.com