New reporting and reviewing requirements for employers with DOT drivers

March 2020 employment law letter

Authors:

Charlie Plumb, McAfee & Taft

Effective January 6, 2020, companies that employ commercial motor vehicle drivers must register with the Federal Motor Carrier Safety Administration's (FMCSA) national drug and alcohol clearinghouse and comply with new reporting and reviewing responsibilities. The clearinghouse (which can be accessed at https://clearinghouse.fmcsa.dot.gov/) is a secure, online database that will maintain information about violations of U.S. Department of Transportation (DOT) drug and alcohol regulations by commercial driver's license (CDL) holders for five years. One of the clearinghouse's purposes is to allow employers to identify drivers who have committed violations while working for another employer but who have not informed their prospective or current employer of the violation.

New reporting obligations

Within three business days after a DOT drug and alcohol violation by an individual, employers must now report to the clearinghouse:

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