1. Drug & Alcohol Clearinghouse
May 10, 2017

2. Drug & Alcohol Clearinghouse
This webcast will cover ...
A regulatory overview
Best practices in compliance
A case study in implementation
Question & Answer
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Gary Petty
President & CEO
National Private Truck Council

3. Meet Your Presenters Gary Petty President & CEO
National Private Truck Council
Tom Bray
Industry Consultant-Transportation
J. J. Keller & Associates
Tom Moore, CTP
Senior Vice President
National Private
Truck Council
Bill Hartman
Fleet Manager
VF Jeanswear LP

4. Regulatory Overview Tom Bray Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

5. Drug and Alcohol Clearinghouse
CDL driver drug and alcohol prohibitions captured (see Subpart B to Part 382 for full details)
Failed drug or alcohol test
Refused drug or alcohol test (including adulteration and substitution)
Use of alcohol prior to post-accident window closing
Actual knowledge of prohibited use
The next new rule we are going to discuss is the drug and alcohol clearinghouse rule. This rulemaking requires a database of CDL drivers that tested positive for drugs, failed an alcohol test, or refused to submit to a DOT required test. Also, reporting the results of return-to-duty and follow-up tests is required. Medical review officers, or MROs, carriers and their TPAs, and substance abuse professionals or SAPs all have reporting responsibilities. Carriers would be required to report refusal, failures where they are the party involved, such as when they do their own alcohol testing, and return to duty and follow –up test results. Drivers would be notified anytime there was an entry made into the clearinghouse about them.
Carriers need to become familiar with the final rule as it will add a step to the driver qualification and annual review processes. This is because under the proposal, carriers would be required to check the database at the time of hire and then as part of the annual review. This is another one of the rules required under MAP-21, and the final rule is also expected to be published in late 2015.
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

6. Drug and Alcohol Clearinghouse
Reminder of the DOT tests:
Pre-employment
Random
Post accident
Reasonable suspicion
Return to duty and follow up
Non-DOT tests and tests not required by the regulations are NOT covered by this regulation
If the driver fails a non-DOT drug or alcohol test or one that was not required, it is NOT to be reported into the clearinghouse
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

7. Drug and Alcohol Clearinghouse
RTW and follow-up information captured as well
Completion of the SAP process (treatment and evaluation)
Return-to-duty test results
Follow-up test results
The next new rule we are going to discuss is the drug and alcohol clearinghouse rule. This rulemaking requires a database of CDL drivers that tested positive for drugs, failed an alcohol test, or refused to submit to a DOT required test. Also, reporting the results of return-to-duty and follow-up tests is required. Medical review officers, or MROs, carriers and their TPAs, and substance abuse professionals or SAPs all have reporting responsibilities. Carriers would be required to report refusal, failures where they are the party involved, such as when they do their own alcohol testing, and return to duty and follow –up test results. Drivers would be notified anytime there was an entry made into the clearinghouse about them.
Carriers need to become familiar with the final rule as it will add a step to the driver qualification and annual review processes. This is because under the proposal, carriers would be required to check the database at the time of hire and then as part of the annual review. This is another one of the rules required under MAP-21, and the final rule is also expected to be published in late 2015.
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

8. Drug and Alcohol Clearinghouse
Reporting done by MROs:
Verified positive results
Refusals involving the MRO
Adulteration situations
Substitution situations
Must be done within 2 days
The next new rule we are going to discuss is the drug and alcohol clearinghouse rule. This rulemaking requires a database of CDL drivers that tested positive for drugs, failed an alcohol test, or refused to submit to a DOT required test. Also, reporting the results of return-to-duty and follow-up tests is required. Medical review officers, or MROs, carriers and their TPAs, and substance abuse professionals or SAPs all have reporting responsibilities. Carriers would be required to report refusal, failures where they are the party involved, such as when they do their own alcohol testing, and return to duty and follow –up test results. Drivers would be notified anytime there was an entry made into the clearinghouse about them.
Carriers need to become familiar with the final rule as it will add a step to the driver qualification and annual review processes. This is because under the proposal, carriers would be required to check the database at the time of hire and then as part of the annual review. This is another one of the rules required under MAP-21, and the final rule is also expected to be published in late 2015.
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

9. Drug and Alcohol Clearinghouse
Reporting done by carriers or their TPAs:
Alcohol test results 0.04 or higher
Refusal not involving MRO (such as outright refusal, failure to appear, thrown out of collection facility, etc.)*
Alcohol use prior to test following an accident*
Incidents involving actual knowledge (see § )*
Negative return-to-duty test results
Completion of follow-up tests
Must be done within 3 days
* = Carrier must also provide documentation of the event
Owner-operators must designate C/TPA that will be doing the reporting for them
The next new rule we are going to discuss is the drug and alcohol clearinghouse rule. This rulemaking requires a database of CDL drivers that tested positive for drugs, failed an alcohol test, or refused to submit to a DOT required test. Also, reporting the results of return-to-duty and follow-up tests is required. Medical review officers, or MROs, carriers and their TPAs, and substance abuse professionals or SAPs all have reporting responsibilities. Carriers would be required to report refusal, failures where they are the party involved, such as when they do their own alcohol testing, and return to duty and follow –up test results. Drivers would be notified anytime there was an entry made into the clearinghouse about them.
Carriers need to become familiar with the final rule as it will add a step to the driver qualification and annual review processes. This is because under the proposal, carriers would be required to check the database at the time of hire and then as part of the annual review. This is another one of the rules required under MAP-21, and the final rule is also expected to be published in late 2015.
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

10. Drug and Alcohol Clearinghouse
Reporting done by SAPs:
Completion of the SAP evaluation and treatment (within 1 day)
Drivers notified when something is entered in the database
Drivers can challenge information in the system
Another reason for drivers to have correct address on their licenses!
The next new rule we are going to discuss is the drug and alcohol clearinghouse rule. This rulemaking requires a database of CDL drivers that tested positive for drugs, failed an alcohol test, or refused to submit to a DOT required test. Also, reporting the results of return-to-duty and follow-up tests is required. Medical review officers, or MROs, carriers and their TPAs, and substance abuse professionals or SAPs all have reporting responsibilities. Carriers would be required to report refusal, failures where they are the party involved, such as when they do their own alcohol testing, and return to duty and follow –up test results. Drivers would be notified anytime there was an entry made into the clearinghouse about them.
Carriers need to become familiar with the final rule as it will add a step to the driver qualification and annual review processes. This is because under the proposal, carriers would be required to check the database at the time of hire and then as part of the annual review. This is another one of the rules required under MAP-21, and the final rule is also expected to be published in late 2015.
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

11. Drug and Alcohol Clearinghouse
Information management
All user of the system must be registered
Carrier registration includes carrier data and any authorized service agents (C/TPAs)
Registration is valid for 5 years
Fee to register and “per query” likely
“Limited” query: Can be used to satisfy annual requirement and only requires a “blanket” authorization
“Full” query: Done as part of hiring and if limited query indicates the presence of data. Requires full detailed authorization
Removal of information
Information on prohibited activity will be removed from the system 5 years after return-to-duty process completed
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

12. Drug and Alcohol Clearinghouse
Carrier must check at time of hire and then annually thereafter
Compliance for reporting and checking required January 6, 2020
The next new rule we are going to discuss is the drug and alcohol clearinghouse rule. This rulemaking requires a database of CDL drivers that tested positive for drugs, failed an alcohol test, or refused to submit to a DOT required test. Also, reporting the results of return-to-duty and follow-up tests is required. Medical review officers, or MROs, carriers and their TPAs, and substance abuse professionals or SAPs all have reporting responsibilities. Carriers would be required to report refusal, failures where they are the party involved, such as when they do their own alcohol testing, and return to duty and follow –up test results. Drivers would be notified anytime there was an entry made into the clearinghouse about them.
Carriers need to become familiar with the final rule as it will add a step to the driver qualification and annual review processes. This is because under the proposal, carriers would be required to check the database at the time of hire and then as part of the annual review. This is another one of the rules required under MAP-21, and the final rule is also expected to be published in late 2015.
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

13. Drug and Alcohol Clearinghouse
Getting ready involves making sure:
Your DER is familiar with:
What constitutes a “refusal”
The post-accident testing requirements
The actual knowledge regulations
The return-to-work process
Your DER has an adequate documentation process in place for refusal and actual knowledge situations
You defining and document “who will do what” if you use a C/TPA to manage part of your program
You understanding the carrier reporting requirements
You registering when the clearinghouse becomes operational
You adjusting hiring and annual review processes once the system is operational
Tom Bray
Industry Consultant – Transportation
J. J. Keller & Associates, Inc.

14. Beyond Compliance Tom Moore, CTP Senior Vice President
National Private Truck Council

15. CSA Scores Tom Moore, CTP Unsafe Driving Fatigued Driving
Driver Fitness
Controlled Substance
Vehicle Maintenance
HazMat
Crash
2012
12.8
17.9
17.77
1.7
24.91
19.78
22.14
2013
11.3
13.46
11.9
0.99
20.86
1.06
29.8
2014
12.1
10.9
10.7
0.91
20.8
1.94
27.2
2015
12.9
13.0
.05
21.9
1.3
22.3
2016 14 12
6.3
.12 18
1,7
25.7
2017
8.7
10.5
8.2
1.03
19.08
2.3
19.3
Tom Moore, CTP
Senior Vice President
National Private Truck Council

16. How Fleets Produce Such Results
Training, training and more training
No rush to hire
Random testing at percentages higher than the required rate
Expanding the pool of candidates
Alternative testing methodologies
How are fleets raising the bar on their performance
Employers must provide information on drug use and treatment resources to safety-sensitive drivers. All supervisors and officials of businesses with safety-sensitive drivers must attend at least one hour of training on the signs and symptoms of drug abuse. This training is necessary to assist supervisors and company officials in making appropriate determinations for reasonable suspicion testing.
Tom Moore, CTP
Senior Vice President
National Private Truck Council

17. Hair Follicle Testing Tom Moore, CTP Senior Vice President
National Private Truck Council

18. Why Hair Testing?
Hair testing is more effective than urine at identifying illegal drug users because it is has a longer detection window.
Hair tests are typically capable of detecting illegal drug use in the three months prior to the test.
Urine tests are usually only capable of detecting use in the prior few days.
Why is hair testing more effective. They can identify illegal drug users who manage to pass urine tests by simply abstaining from drug use for a short period of time. Hair testing offers a longer term picture of an individual’s behavior and lifestyle – up to 90 days compared to urine tests provide only a “snapshot” in time. In fact, I could do cocaine tonight and pass a clean urine sample this week-end.
Some carriers have employed hair-follicle testing for nearly 10 years, even though it is significantly more expensive than urine testing. Truckers prefer to test with hair follicles because, unlike urine, hair will show traces of illicit substances for extended periods of time. A hair sample taken from the head can detect drug use three months back, whereas urine samples detect consumption no further back than two to three days. As a result, hair-follicle testing does a more effective job of identifying applicants who are chronic, long-term drug users, those who trucking companies would be loath to put behind the wheel of a tractor-trailer filled with cargo, according to the carriers.
In addition, it is possible to subvert a urine test. There are many drug-masking products on the market, and there are sites on the Internet that provide instructions on how to defeat a urine test.
Tom Moore, CTP
Senior Vice President
National Private Truck Council

19. Barriers to Hair Testing
Cost
Redundancy
Jurisdiction
Misconception
Many are pushing the Office of Drug and Alcohol Policy and Compliance (ODAPC) within the Secretary of Transportation’s Office work constructively with DOT and HHS/SAMHSA to establish hair testing as an acceptable alternative for complying with the federal drug testing requirements.
A better way to detect drug use is needed to improve public safety and the health and wellness of commercial drivers.
Tom Moore, CTP
Senior Vice President
National Private Truck Council

20. Regulatory Update
MAP-21 required the Dept. of Health and Human Services to develop standards for follicle testing within one year (by December 2016).
By March 2017, however, HHS had only begun to consider the issue.
Many carriers are voluntarily paying for follicle testing in addition to urine testing, as they believe follicle testing is more accurate and makes it more difficult to avoid detection.
In January 2017, six motor carriers asked FMCSA for a waiver to allow them to use hair follicle testing instead of urine testing for controlled substances; the agency has not yet acted on the petition.
The American Trucking Associations (ATA) said today it has asked Health and Human Services Secretary Tom Price to quickly issue guidelines and standards for using hair samples to drug test a driver applicant as a condition of employment, saying the agency is lagging its Congressionally mandated deadline to act.
The five-year federal transport spending bill signed into law in December 2015 gave HHS one year to publish a scientific and technical roadmap for hair-follicle testing, which would be used as an alternative to the current urine-testing requirement for substance abuse. However, the agency's Substance Abuse and Mental Health Services Administration—the unit responsible for developing testing guidelines—was meeting only last month to consider the guidelines. That will delay the process even further. In the meantime, many fleets are voluntarily paying for hair testing, as well as continuing to comply with the mandate to test urine samples. In fact, six companies in late January asked the Federal Motor Carrier Safety Administration to grant them authority to use hair analysis instead of urine samples for pre-employment testing. The carrier petition has drawn sharp rebukes from the Teamsters union and the Transportation Trades Department of the AFL-CIO. The labor groups argue that HHS, not DOT, sets the rules for controlled-substance testing, and that a grant of the petition would be "wholly unprecedented." FMCSA had set a Feb. 21 deadline for responses, but the labor groups have asked for more time to craft a formal reply.
Tom Moore, CTP
Senior Vice President
National Private Truck Council

21. Drug and Alcohol Program
VF Jeanswear LP
Bill Hartman
Fleet Manager
VF Jeanswear LP

22. VF Jeanswear Fleet
120 Drivers
80 Power Units
364 Trailers

23. VF Drug and Alcohol Testing
VF Jeanswear LP will perform drug and alcohol testing in compliance with DOT regulations in regard to random tests, i.e.… quotas and accident procedures
10% random alcohol testing
25% random drug testing
A drug and alcohol test will be performed provided it can be completed in 8 hours of the accident taking place that results in a death, transportation from the scene to place of medical assistance or tow of a vehicle from the scene
Bill Hartman
Fleet Manager
VF Jeanswear LP

24. VF Jeanswear LP Alcohol Policy
Alcoholic beverages may not be consumed for 8 hours prior to departure on a trip.
Alcoholic beverages may never be consumed while a driver is on a trip even when off duty.
Drivers must advise their dispatcher any time they have consumed and type of alcoholic beverage within 8 hours of dispatch.
Any violation of this policy will subject the driver to serious disciplinary action and possible termination.
Bill Hartman
Fleet Manager
VF Jeanswear LP

25. Policy for CDL Drivers
All employees will receive a copy of the D and A policy.
Anyone who is extended an offer of employment will be tested for illegal drugs.
All drivers will be required to submit to random selections.
If you are out on vacation when selected, you will be required to take the test before returning to work.
There is a zero tolerance when it comes to any failures or refusals.
All management is trained in reasonable suspicion training bi- annually.
If there is reason to believe that illegal drugs are or could be brought onto company property, a search of the truck and person may occur.
Bill Hartman
Fleet Manager
VF Jeanswear LP

26. Treatment Program Treatment program
VF encourages employees to get help if they are using illegal drugs.
The employee will responsible for costs involved for treatment.
VF will have available to all employees a drug – free awareness program.
This will be reviewed once a year at the fall driver meeting.
Bill Hartman
Fleet Manager
VF Jeanswear LP

27. Reasonable Suspicion Training
Reasonable suspicion training is done in a group setting.
One hour video and “what if” scenarios
Chain of command, who to call, what to look for once you arrive on the scene
Characteristics of someone who may be impaired, slurred speech, erratic or nervous behavior, alcohol odor, stumbling, sleepiness or unusual traits from drivers
Other drivers’ information that may see or experience
Throwing away beer cans in company trash – reasonable suspicion?

28. Post Accident Discussion with drivers when an accident occurs
Are you alright?
Have the police or other authorities been called?
Are there vehicles that need to be towed
If any of the above are present the driver is told to secure the scene, speak with authorities, follow the instructions in the accident packet
Call back once you have the above complete
If conditions require, they will be instructed to get a D&A test
They will also e asked if they were cited and if so, this will required a test as well.
The instructions are reviewed with the drivers during semi- annual meetings as well as updated information via and printed materials

29. Question & Answer Session
Gary Petty
President & CEO
National Private Truck Council
Tom Bray
Industry Consultant- Transportation
J. J. Keller & Associates
Tom Moore, CTP
Senior Vice President
National Private
Truck Council
Randy Perry, CTP
National Fleet Safety Manager
Frito-Lay, Inc.
Bill Hartmann
Fleet Manager
VF Jeanswear LP
Please continue to submit your questions.

30. Industry Consultant-Transportation
More Questions?
Tom Bray
Industry Consultant-Transportation
J. J. Keller & Associates
Tom Moore, CTP
Senior Vice President
NPTC

31. About NPTC
Founded in 1939, the National Private Truck Council is the only national trade association exclusively representing the interests of the private truck industry and corporate/business private truck fleet management. With an actively engaged leadership team of Board representatives, member volunteers and staff, NPTC in the past decade has grown significantly to serve a rising professional class of private fleet practitioners meeting the challenges of modern corporate transportation. NPTC is the leading learning resource center, government affairs advocate, and business networking culture for America's top private fleet and supplier member companies.  The Council produces benchmarking, best practices, and economic data reports on the private fleet market; administers the highly regarded Certified Transportation Professional (CTP) training program, and conducts some of the most successful events in the trucking industry including the Annual Conference and Trade Show, the Private Fleet Management Institute, and the National Safety Conference.
For more information about the Council’s activities and programs, visit our website at

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