Final Rule Goes Into Effect in Late 2024
Federal regulators responsible for trucking have issued a warning that starting late next year, commercial truck drivers who test positive for drug use will be placed on prohibited driving status. In addition, they will lose their commercial driver licenses and will not be issued learning permits until they complete the federal return-to-work process.
“A driver with a drug-and-alcohol program violation is prohibited from performing safety-sensitive functions, including operating CMVs, for any DOT-regulated employer until the return-to-duty process is complete,” said a Federal Motor Carrier Safety Administration notice on Nov. 28. “By November 18, 2024, as part of new federal regulations, drivers with a ‘prohibited’ status in the Drug and Alcohol Clearinghouse will lose or be denied their state-issued commercial driving privileges.”
The FMCSA’s final rule was released in October 2021. However, a message was recently sent out to drivers to remind them that if they fail a drug test and the failure is recorded in the Clearinghouse, state driver licensing agencies will be required to act. This information was confirmed by a spokesperson from the agency.
“A CDL license will remain prohibited until FMCSA has received notification that the driver has satisfied and completed the return-to-duty process,” the spokeswoman said. “Subsequently, FMCSA removes the violation from the Clearinghouse.”
The final rule aims to improve road safety by enhancing compliance with the CMV driving prohibition, thereby preventing unsafe drivers from operating commercial motor vehicles. As per the rule, an employer must provide their drivers with a list of DOT-qualified substance abuse professionals for education and treatment. The driver can then choose a SAP based on their own research. After the evaluation, the SAP will determine when a driver has successfully completed their eligibility to be retested.
“To remain in a ‘not prohibited’ status, your employer must complete the follow-up testing plan with you as specified by the SAP, which must include a minimum of six unannounced follow-up tests in the first 12 months of returning to performing safety-sensitive functions,” according to FMCSA. “If you are an owner-operator, your designated consortium/third-party administrator must complete your follow-up testing plan.”
According to the Federal Motor Carrier Safety Administration (FMCSA), the Clearinghouse has successfully removed a significant number of drivers who were caught using drugs from the highways. However, a major concern remains that a large number of drivers are still unable to drive because they failed their drug tests and did not enroll in the return-to-duty program. This suggests that many drivers have left the profession due to their inability to adhere to the regulations.
Since its launch in January 2020, the Clearinghouse has recorded 224,000 positive drug and alcohol tests. Most of these tests have been positive for marijuana. As of September, 149,374 drivers are still prohibited from driving, and 113,639 of them have yet to start the return-to-work program.
Recently, the American Transportation Research Institute conducted a research report on driver marijuana test failures. However, FMCSA has not conducted any research of its own to explain why the majority of drivers who test positive for at least one of the 14 substances tested appear to be leaving their current jobs, perhaps even for lower pay.
It’s important to note that marijuana poses a unique problem for truck drivers. Despite being legal in many states, truck drivers are not allowed to use it at all due to the zero-tolerance policy. Even a small amount of marijuana can cause a driver to fail their drug test, which could have significant consequences for their job and the safety of others on the road.
The ATRI study concluded: “Data confirms that most [drivers] have not completed the return-to-work process and instead opted to remain outside of the interstate trucking industry.”
The Federal Motor Carrier Safety Administration (FMCSA) recently stated that in 2021 and 2022, more than 1 million new Commercial Driver’s License (CDL) driver records were added to the Commercial Driver’s License Information System by states. This number is a strong indication of new drivers entering the industry. FMCSA believes that its drug and alcohol program is enhancing safety by holding individual drivers responsible for drug and alcohol violations and ensuring that they comply with the Return-to-Duty (RTD) requirements.
