In its first full year of operation, the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse recorded 4.2 million drug tests, resulting in 56,150 violations from 51,998 drivers. The FMSCA increased the testing rate from 25% of drivers to 50% in 2020.

The FMCSA 2020 violations were recorded in a database, enabling operators to track drivers’ compliance history and prevent them from job-hopping in the event of a failed drug test. Testing in 2020 showed nearly 30,000 positive drug tests for marijuana; 1,201 of the total driver violations were alcohol related.

A driver’s refusal to submit to a drug or alcohol test is considered equivalent to testing positive and requires a driver to be taken off the road. Law enforcement, driver licensing agencies and carriers use the database to check for driver violations.

Although the program helps remove violators from the road, administering random drug tests and submitting violations to a federal database is expensive and can be a major burden, especially for companies with a small number of commercial driver’s license (CDL) drivers.

The program that took effect on January 6, 2020 requires all trucking companies who fall under the scope of the FMCSA drug and alcohol regulations — even those with only one truck — to register in the clearinghouse and to conduct an annual query on each driver.

According to the FMCSA, administering the 2.1 million drug tests costs carriers $50 million to $70 million annually. In addition to operation costs, driver turnover and the seasonality of some CDL driving positions, the increased testing and reporting can be a significant challenge for carriers.

Three best practices to get to FMCSA compliance

Carriers may find the testing process unwieldy or unnecessarily time consuming, but there are ways minimize the pain. The following three best practices help ensure compliance while making the burden less onerous:

  1. Train staff on implementation. Educate drivers and supervisors on increased random testing. Periodically remind them about prohibited substances while driving a commercial motor vehicle and the consequences of a positive test. Supervisors must know the fleet’s procedures when a driver is selected for a random test. Drivers should understand the increase in the annual random testing rate means drivers may be tested multiple times each year. Make sure that only eligible CDL drivers can be selected for testing and work closely with the program administrator to address employee concerns and answer questions.
  2. Use knowledgeable and experienced vendors only. An outside vendor for selecting drivers for testing and collecting samples can help reduce tensions — drivers who are selected multiple times for testing are less likely to question the process if done by a third party. It also ensures that any issues or discrepancies are handled appropriately. These vendors will ensure all documentation is done correctly. As a result, it’s important to hire vendors who have a proven track record.
  3. Update drug policy accordingly. Fleet carriers and other businesses employing CDL drivers should have already updated policies to include the new FMCSA Drug and Alcohol Clearinghouse rules. The policy should specify the 50 percent random drug testing rate, 10 percent random alcohol testing rate, and spell out return-to-duty protocols. The rule requires CDL employers and other health professionals to report failed or refused drug or alcohol tests to the FMCSA’s Clearinghouse online database.

Contact your HUB Transportation expert for help on ramping up your drug testing efforts to comply with FMCSA requirements.