Last updated : November 18, 2024
The Federal Motor Carriers Safety Association (FMCSA) has implemented a new rule for the safety-sensitive workforce that takes effect on Monday, November 18, 2024. State driver licensing agencies (SDLAs) will begin downgrading the CDL licenses of commercial drivers who receive drug and alcohol violations.
This is Phase 2 of the FMCSA’s most recent push to make our nation’s roadways as safe as possible.
Phase 1 is done
The FMCSA Drug and Alcohol Clearinghouse website began operating in January 2020 mandating that all employers of the safety-sensitive workforce report every drug and alcohol violation to the site. The administration intended to create a nationwide database to keep tabs on the less-than-honest drivers who would simply pull up stakes and move to another state. Once there, they would apply for a commercial driver’s license, otherwise known as a CDL, and seek employment.
When listing prior references, they simply neglected to include the employer who discovered they were using drugs or alcohol. More often than not, their discretion went undetected and they were back on the road again without dealing with the return to duty process—or the substance abuse problem.
After employers reported violations to the Clearinghouse for three years, in January 2023, FMCSA announced that employers would no longer need to contact a driver’s former employers searching for drug or alcohol violations when considering them for employment. Instead, from that point forward, they only need to submit a query for the information to the Clearinghouse.
The Clearinghouse pulls states together
Including the SDLAs in the process of downgrading a driver’s CDL license makes it next to impossible for a driver to seek employment without completing the return to duty process.
Before the FMCSA downgrades a CDL due to a drug or alcohol violation, the following process takes place:
- Prohibited drivers are identified with a drug or alcohol violation in the Clearinghouse system.
- The proper SDLA is immediately notified.
- SDLAs must downgrade the driver’s CDL prohibiting them from operating a commercial motor vehicle (CMV) until receipt of notification that the driver has completed the return-to-duty process.
The Clearinghouse also notifies the drivers’ employers of the violation so they can take any additional action according to company rules and regulations.
Breaking down the SDLA role
The SDLA now plays an important role in ensuring that someone who drives a CMV complies with federal regulations.
Responsibilities include:
- Monitoring notifications—The Clearinghouse operates in real time so new violations are reported constantly. The SDLAs must diligently monitor the FMCSA notifications to remain up-to-date. Failure to do so puts them in non-compliance.
- Updating records—The driver’s records must be updated immediately to reflect the downgrade.
- Notifying drivers—The SDLA is responsible for notifying downgraded drivers and the required steps to reinstate their CDL privileges.
- The completed return-to-duty process entails receiving a completed Substance Abuse Professional (SAP) evaluation, completing the outlined treatment plan, follow-up drug or alcohol testing, and, if necessary, updating records, such as their medical certification.
SDLAs will be part of upholding the integrity of the CDL system, thereby, promoting road safety.
Does Phase 2 obligate employers?
An employer’s responsibilities don’t really change. They are required to regularly query the Clearinghouse to ensure their drivers don’t have any recent violations. If it’s discovered that a driver has been flagged, the employer must remove them from service immediately. And, lastly, employers can help drivers begin the return-to-duty process by providing access to SAPs and conducting follow-up testing.
Who notifies the SDLA of the all-clear?
Once passing the return to duty test, the driver is responsible for notifying the SDLA that they have been reinstated. The notification must be accompanied by a medical examiner’s certificate.
Is downgrading CDLs too harsh?
While having their CDL downgraded by the state is sure to be an embarrassment, we disagree with those who say that it can lead to job loss and financial instability. While those statements are true, a driver who has a drug or alcohol violation isn’t supposed to be driving for financial gain until they complete the return-to-duty process.
It’s because drivers avoided that process that the Drug and Alcohol Clearinghouse was created. Having the SDLAs downgrade CDLs is enforcing the original plan. If you haven’t completed the return to duty process, you can’t earn money driving a CMV.
Drivers complain that being marked with a “prohibited status” negatively impacts their reputations. They say the label can make it difficult to get hired to drive for a company in the future. However, we would counter that by saying that after the return to duty process is completed, the Clearinghouse removes the violation. It’s not marked “returned to duty.” It’s removed.
That seems fair all things considered—do you agree?
