J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. Nev. Admin. (i) Records pertaining to a determination by a substance abuse professional concerning a driver's need for assistance; and. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under 382.307. An employer shall notify a driver of the results of random, reasonable suspicion and post-accident tests for controlled substances conducted under this part if the test results are verified positive. Title 49 was last amended 6/22/2023. The petitioner may submit his/her petition electronically through the Clearinghouse or in writing to: Federal Motor Carrier Safety Administration, ATTN: Drug and Alcohol Clearinghouse Petition for Review, 1200 New Jersey Avenue SE., Washington, DC 20590. (a) Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation and treatment requirements of this part and part 40 of this title, provided that: (1) The admission is in accordance with a written employer-established voluntary self-identification program or policy that meets the requirements of paragraph (b) of this section; (2) The driver does not self-identify in order to avoid testing under the requirements of this part; (3) The driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety sensitive function (i.e., prior to reporting for duty); and. Enter your email address below and click Sign up. 19 Va. Admin. (c) Submission of petition. (ii) Records concerning a driver's compliance with recommendations of the substance abuse professional. [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016]. Negative and cancelled drug test results*, and. Actual knowledge for the purpose of subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in 382.121. This documentation must be retained for varying lengths of time as established by the applicable regulations. On December 5, . No employer may allow a driver the employer employs or intends to hire or use to perform any safety-sensitive function if the results of a Clearinghouse query demonstrate that the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of 382.211; or that an employer has reported actual knowledge, as defined at 382.107, that the driver used alcohol on duty in violation of 382.205, used alcohol before duty in violation of 382.207, used alcohol following an accident in violation of 382.209, or used a controlled substance in violation of 382.213, except where a query of the Clearinghouse demonstrates: (1) That the driver has successfully completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of this title; achieves a negative return-to-duty test result; and completes the follow-up testing plan prescribed by the SAP. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see 40.61(a) of this title); (2) Fail to remain at the testing site until the testing process is complete. (3) Each C/TPA or other service agent must verify the names of the person(s) authorized under paragraph (d)(2) of this section annually. (a) An employer shall notify a driver of the results of a pre-employment controlled substances test conducted under this part, if the driver requests such results within 60 calendar days of being notified of the disposition of the employment application. Freight Broker Compliance Requirements. will bring you to those results. Records related to the alcohol and controlled substances collection process (except calibration of evidential breath testing devices) shall be maintained for a minimum of 2 years. Electronic Code of Federal Regulations (e-CFR), Subtitle B - Other Regulations Relating to Transportation, CHAPTER III - FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, SUBCHAPTER B - FEDERAL MOTOR CARRIER SAFETY REGULATIONS, PART 391 - QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS, Ariz. Admin. site when drafting amendatory language for Federal regulations: (e) Questions regarding waiver applications should be directed to the Federal Motor Carrier Safety Administration, Office of Safety Programs (MCSS), 1200 New Jersey Ave., SE., Washington, DC 205900001. (6) An employer who employs himself/herself as a driver must designate a C/TPA to comply with the employer requirements in paragraph (b) of this section related to his or her own alcohol and controlled substances use. (a) C/TPAs. The Motor Carrier Safety Planner - Transportation guide. (2) In lieu of a full query, as described in paragraph (a)(2) of this section, an employer may obtain the individual driver's consent to conduct a limited query to satisfy the annual query requirement in paragraph (b)(1) of this section. Employers must retain for 3 years a record of each query and all information received in response to each query made under this section. Every driver shall submit to random alcohol and controlled substance testing as required in this section. (4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. Learn more about the eCFR, its status, and the editorial process. may request to verify compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). The compliance tools you need to keep your jobsites and work zones safe and compliant with OSHA standards. (1) Before November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver's licensing official of a State may obtain the driver's record from the Clearinghouse if the driver has applied for a commercial driver's license or commercial learner's permit from that State. Each employer shall ensure the accuracy and timeliness of each report submitted by the employer or a consortium. Sign up for news, regulatory updates, compliance tips, deals and more. Driver means any person who operates a commercial motor vehicle. In the event of a change in the annual percentage rate, the FMCSA Administrator will publish in the Federal Register the new minimum annual percentage rate for controlled substances testing of drivers. This is an automated process for Except as expressly provided in this part, nothing in this part shall be construed to affect the authority of employers, or the rights of drivers, with respect to the use of alcohol, or the use of controlled substances, including authority and rights with respect to testing and rehabilitation. (b) Before the employer may access information contained in the driver's Clearinghouse record, the driver must submit electronic consent through the Clearinghouse granting the employer access to the following specific records: (1) A verified positive, adulterated, or substituted controlled substances test result; (2) An alcohol confirmation test with a concentration of 0.04 or higher; (3) A refusal to submit to a test in violation of 382.211; (4) An employer's report of actual knowledge, as defined at 382.107, of: (i) On duty alcohol use pursuant to 382.205; (ii) Pre-duty alcohol use pursuant to 382.207; (iii) Alcohol use following an accident pursuant to 382.209; and. We recommend you directly contact the agency associated with the content in question. May destroy originals once scanned based on FMCSA guidance FMCSA Record Retention & Recordkeeping Requirements FMCSA Recordkeeping Basics Electronic signatures: Reporting of results in a management information system. PDF Safety Audit Resource Guide - Transportation (ii) Tire disablement without other damage even if no spare tire is available. Even if you are your trucking company's only driver, you . (d) Location of records. (b) An employer's use of information received from the Clearinghouse is limited to determining whether a prohibition applies to a driver performing a safety-sensitive function with respect to a commercial motor vehicle. (2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part. Okla Admin. [66 FR 43103, Aug. 17, 2001, as amended at 78 FR 58479, Sept. 24, 2013; 81 FR 87725, Dec. 5, 2016; 83 FR 16226, Apr. The driver is not required to provide notification to the employer that administered the test or documented the circumstances that gave rise to the violation. Release of such information by the person receiving the information is permitted only in accordance with the terms of the employee's specific written consent as outlined in 40.321(b) of this title. An alcohol confirmation test with a concentration of 0.04 or higher. 382.707 Notice to drivers of entry, revision, removal, or release of information. PDF Record Keeping Requirements: FMCSA Motorcoach Safety Compliance 382.409 Medical review officer or consortium/third party administrator record retention for controlled substances. . Admin. Additionally, an employer may disclose information in criminal or civil actions in accordance with 40.323(a)(2) of this title. (2) The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and requires that the individual driver give specific consent. Record Keeping Requirements Handout | FMCSA Exception: A driver may provide the Clearinghouse with an alternative means or address for notification, including electronic mail. Licensed medical practitioner means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs. (d) C/TPAs and other service agents. As used in this section, traffic citation means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances. Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors, and drivers shall be maintained by the employer while the individual performs the functions which require the training and for two years after ceasing to perform those functions. Records of negative and canceled controlled substances test results and MRO reversal of canceled controlled substances test results (as defined in part 40 of this title) and alcohol test results with a concentration of less than 0.02 shall be maintained for a minimum of one year. Access to a driver's records shall not be contingent upon payment for records other than those specifically requested. If the record is required to be prepared, it must be maintained. (2) Records related to a driver's test results: (i) The employer's copy of the alcohol test form, including the results of the test; (ii) The employer's copy of the controlled substances test chain of custody and control form; (iii) Documents sent by the MRO to the employer, including those required by part 40, subpart G, of this title; (iv) Documents related to the refusal of any driver to submit to an alcohol or controlled substances test required by this part; (v) Documents presented by a driver to dispute the result of an alcohol or controlled substances test administered under this part; and. To view interpretations for a different section, click on the menu item. To view the regulations text, use the link below. All information used for this determination is drawn from the controlled substances management information system reports required by 382.403. The following specific types of records shall be maintained. The requirements for referral, evaluation, and treatment must be performed in accordance with 49 CFR part 40, Subpart O. (c) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function. In the event of a change in the annual percentage rate, the FMCSA Administrator will publish in the Federal Register the new minimum annual percentage rate for random alcohol testing of drivers. (a) General requirement. Here are the most important DOT recordkeeping requirements for carriers all across the USA: Maintain an agency drug and alcohol testing program that complies with Part 40 of Title 49 of the Code of Federal Regulations (CFR). FMCSA will cancel Clearinghouse registrations for anyone who has not queried or reported to the Clearinghouse for 2 years. The official, published CFR, is updated annually and available below under (l) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible. Authorization to enter information into the Clearinghouse. These records must be retained for six months after the vehicle leaves the carriers control (sale, trade-in, etc.). (2) Controlled substance tests. (1) Employers must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query of the Clearinghouse to obtain information about whether the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of 382.211; or that an employer has reported actual knowledge, as defined at 382.107, that the driver used alcohol on duty in violation of 382.205, used alcohol before duty in violation of 382.207, used alcohol following an accident in violation of 382.209, or used a controlled substance, in violation of 382.213. 390.31 Copies of records or documents: Acceptable formats: scanned, microfiche, photocopies. (1) When the minimum annual percentage rate for random alcohol testing is 10 percent, and the data received under the reporting requirements of 382.403 for that calendar year indicate that the violation rate is equal to or greater than 0.5 percent, but less than 1.0 percent, the FMCSA Administrator will increase the minimum annual percentage rate for random alcohol testing to 25 percent for all driver positions. Plus, some questions we regularly get asked when starting a trucking company. This publication is distributed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA). (d) After a decision is signed by the Administrator or the Administrator's designee, the employer will be sent a copy of the decision, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver. Who Must Comply with the FMCSRs and HMRs? How many supporting documents must be retained by motor carriers, and when must drivers submit them to the motor carrier? (a) Identification information on the Alcohol Testing Form (ATF). Tom Bray - Sr. Industry Business Advisor, J.J. Keller & Associates, Inc. July 16 , 2020 Bodily injury with immediate medical treatment away from the scene, iii. (c) If an applicant was subject to an alcohol and controlled substance testing program under the requirements of a DOT Agency other than FMCSA, the employer must request the alcohol and controlled substances information required under this section and 40.25 of this title directly from those employers regulated by a DOT Agency other than FMCSA. What records should employers maintain in a driver qualification file [66 FR 43103, Aug. 17, 2001, as amended at 67 FR 61821, Oct. 2, 2002; 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 81 FR 87725, Dec. 5, 2016; 88 FR 27653, May 2, 2023]. (i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts. 2 years after the individual ceases to perform those functions. (a) A medical review officer or third party administrator shall maintain all dated records and notifications, identified by individual, for a minimum of five years for verified positive controlled substances test results. (d) Nothing in this part shall prohibit FMCSA from accessing information about individual drivers in the Clearinghouse for research, auditing, or enforcement purposes. Drug and Alcohol Recordkeeping - FMCSR Requirements - J. J. Keller Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle, (1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or, (2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or, (3) Is designed to transport 16 or more passengers, including the driver; or. (vii) A copy of each annual calendar year summary required by 382.403. developer resources. All you've got to do is give us a call and tell us what information you need. Code 595:35-1-10 - Section 595:35-1-10 - Administrative penalty assessment guidelines. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. (1) When the minimum annual percentage rate for random alcohol testing is 25 percent or more, the FMCSA Administrator may lower this rate to 10 percent of all driver positions if the FMCSA Administrator determines that the data received under the reporting requirements of 382.403 for two consecutive calendar years indicate that the violation rate is less than 0.5 percent. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. Our checklists cover all key areas of trucking industry compliance. The petition must include: (1) The petitioner's name, address, telephone number, and CDL number and State of issuance; (2) Detailed description of the basis for the allegation that the information is not accurate; and. SEE MORE OF WHAT'S NEW. Skip to main content An official website . The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. One of the tools that help keep our roads safer is the FMCSA Drug and . . Under this subpart a refusal would also include a refusal to undergo a medical examination or evaluation to substantiate a qualifying medical condition. Employers may have to explain the testing data for these employees in the event of a DOT agency inspection or audit. Regulation Y These records must be retained for one year at the location where the vehicle is housed or maintained. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (b) Petition. (d) Notice of decision. 382.407 Medical review officer notifications to the employer. Enhanced content is provided to the user to provide additional context. (1) The results of a breath or blood test for the use of alcohol, conducted by Federal, State, or local law enforcement or public safety officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State or local alcohol testing requirements, and that the results of the tests are obtained by the employer. The FMCSA requires that your truck maintenance program document all activities including repairs, service schedules, maintenance checklists, and more. Code 706.297 - 706.297 - Adoption and enforcement of federal regulations for motor carrier safety. The menu to the left provides a full list of sections that have interpretations. ii. (c) For purposes of this subpart, commercial motor vehicle means a commercial motor vehicle in commerce as defined in 382.107, and a commercial motor vehicle in interstate commerce as defined in part 390 of this subchapter. Controlled substances mean those substances identified in 40.82 of this title. (ii) Twenty four hours have elapsed following the determination under paragraph (a) of this section that there is reasonable suspicion to believe that the driver has violated the prohibitions in this part concerning the use of alcohol. To return to the list of parts, use the Parts link above. Thus, industry parties may now use electronic records to comply with the records retention requirements found in 49 CFR 382.401, so long as their electronic records captured the information required by 382.401. (e) When requested by the National Transportation Safety Board as a part of a crash investigation: (1) Employers must disclose information related to the employer's administration of a post-accident alcohol and/or a controlled substances test administered following the crash under investigation; and. March 07, 2023. Materials on drug and alcohol awareness, including a copy of company policy; Documentation of compliance with requirement to provide drivers with educational material, including driver's signed receipt of materials; Certification that training complies with the rules. (a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. Supporting Documents | FMCSA - Federal Motor Carrier Safety Administration (5) The note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by 391.23(m). The materials supplied to drivers may also include information on additional employer policies with respect to the use of alcohol or controlled substances, including any consequences for a driver found to have a specified alcohol or controlled substances level, that are based on the employer's authority independent of this part. For each controlled substance test performed under this part, the employer shall provide the following information, which must be recorded as follows: (1) The driver's commercial driver's license number and State of issuance in Step 1, section C of the CCF.
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