The Federal Motor Carrier Safety Administration proposed a rule back on April 28, 2020, titled “Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License.”
Now approved, the rule is scheduled to take effect Nov. 18. It prohibits state driver licensing agencies from issuing, renewing, transferring or upgrading a CDL or commercial learner’s permit (CLP) for any driver banned from operating a commercial motor vehicle.
Essentially the rule will flag CDL license holders who failed a drug or alcohol test for a downgrade of their license within 60 days of the offense.
Drivers who fail a drug or alcohol test such as a Breathalyzer and blow over the legal limit of 0.04 will be removed from service and their CDL stripped within 60 days. Drivers will have to complete the return-to-duty test to attain their CDL again.
Reliance Partners’ Daniel Vega, director of safety, broke down how this is different from what happens today. “If an officer pulls you over and inspects you and you’re prohibited in the Drug & Alcohol Clearinghouse, you’re prohibited from doing safety-sensitive functions, which is driving a commercial vehicle, right? You could be put out of service, but your license could still be valid in your state.”
This rule will apply to existing CDL holders who have prohibited licenses registered with the clearinghouse. That’s a substantial number. An article on CDLLife.com states, “According to the latest FMCSA report 163,318 CDL and CLP holders are listed in ‘prohibited’ status in the agency’s Drug & Alcohol Clearinghouse.”
These are drivers who have not completed the return-to-duty process and could have their license downgraded come Nov 18.
The return-to-duty process involves the following steps:
- Meet with a DOT-qualified substance abuse professional (SAP).
- Complete the recommended treatment and/or education plan.
- Pass a return-to-duty test.
- Pass six unannounced follow-up tests assigned throughout the first 12 months back on the job.
This rule, commonly referred to as Clearinghouse-II, adds a layer of safety on the roads. It’s now much harder for drivers to hide drug and alcohol program violations from current or prospective employers or evade the commercial motor vehicle driving prohibition. Thus there should be far fewer unqualified drivers on the road, making it safer for everyone.
Asked if this could cause a driver shortage or negatively impact the freight market, Vega said, “I think there are going to be a lot of drivers doing the program, completing the SAP and getting their license reinstated. At the end of the day, we know the market’s rough out there. People are going to want to work and I’m sure there’s carriers that are going to hire these people.”
While the opportunity for drivers to return to the workforce after completing the program may help alleviate concerns of a shortage, it also brings important decisions to the forefront for carriers. The challenges of balancing market demand with hiring decisions rooted in past infractions can shape the direction a carrier chooses to take.
As for what carriers can expect when hiring drivers who have completed the return-to-duty process, Vega says, “For a carrier, you’re taking on more responsibility. Do people make mistakes? Of course. Everybody’s human. They’re going to make mistakes. Do you want to take on that risk or do you not? At the end of the day, it’s the carrier’s choice.”
As carriers navigate the evolving regulations and challenges surrounding Clearinghouse-II, driver recruitment will come under increased scrutiny. Carriers should strike a careful balance between meeting ongoing demand for drivers and ensuring that those they hire align with their safety standards and risk tolerance.
Successful recruitment will depend on a carrier’s ability to find drivers who not only meet regulatory requirements but also fit within the company’s broader risk management strategy, ensuring both operational success and safety on the road.