I just spilled coffee all over my desk and there is a reason for it, which I won’t get into just yet; however, I am certain many of you can relate to this feeling of despair, defeat, and the unwanted chore of cleaning up after watching your morning necessity drip off your desk and onto your keyboard to the point that now some of the letters are sticking as I type this column.
Not only was I was totally shocked, I was very much surprised to the point that I could not believe my eyes when I finally saw that the Federal Motor Carrier Safety Administration (FMCSA) had moved forward with its final rule regarding the Commercial Drivers’ License Drug and Alcohol Clearinghouse. And when I saw this rule appear on screen, I wanted to read more about this clearinghouse, so I hastily reached for my mouse, thus knocking my cup over, spilling hot coffee all over my desk and my computer.
This rule has been such a long time coming that it has often been referred to as “low-hanging fruit,” even by me. It’s an issue that I have been talking about as far back as 2009. In an effort to remove unwanted drivers from our roads, FMCSA has finally moved forward with its clearinghouse to record positive drug or alcohol test results and even refusals to test.
Why do I call this low-hanging fruit? Merely because this effort should be one that this industry must stand behind. While it is evident that it takes roughly seven years for a rule that should be widely accepted to finally make its way to the Office of Management and Budget (OMB) for review, we realize yet again the age-old adage “Good things come to those who wait” is true.
Years ago, our industry came under fire because of a loophole in our drug-testing protocols. Carriers, upon finding drivers who may test positive for a controlled substance, had no place to record this critical information. In turn, the applicant was able to wait, clean out their system, then go next door to another carrier and apply for another driving job.
And unbeknownst to that sub-sequent carrier, the applicant who had just tested positive for drugs and/or alcohol was now a candidate for its open driver job. Unfortunately, because there was no way for the previous carrier to record a positive test result, the second carrier had no way of knowing its new driver might have a drug problem.
Don’t get me wrong. I believe in giving someone a second chance; however, the loophole existed, and I do believe that motor carriers have the right to know if a person has drug and/or alcohol issues before they bring that individual onboard in such a safety-critical job as that of a commercial truck driver. After all, operating a commercial motor vehicle has long been described as a safety-sensitive function.
There you have it—a clearinghouse, a searchable database if you will, that will allow carriers to research the history of potential applicants and their drug-testing past. One in which our carrier members hope that what lies behind the OMB curtain will be good news, will be a welcome regulation that has been needed for a long time, and will actually enhance a carrier’s operation, not hinder it.
It remains unclear as to how this clearinghouse actually works, but it can certainly be viewed as a positive step towards helping our motor carrier population continue its battle to make our highways safer for those that operate on them.
