Posts

How the Drug and Alcohol Clearinghouse Will Impact Truck Drivers

, , /0 Comments/by

clearinghouse will impact truck drivers
You have likely heard about the upcoming new change affecting the trucking industry. The Drug and Alcohol Clearinghouse has been in the works for many years, and will finally go into effect in January 2020. The database is designed to address the detection of disqualified drivers, therefore, CDL drivers need to register for the Clearinghouse to be eligible for new employment with carriers. Here’s how Clearinghouse will impact truck drivers, and how they need to act in preparation for it.

What is the Clearinghouse?

The Clearinghouse is a planned database of positive DOT drug and alcohol test results. It will not contain historical data—it only starts collecting data from January 6, 2020 onward. The database was meant to address a major loophole in the detection of disqualified drivers. Technically, if a CDL driver fails or refuses a drug and alcohol test, they are supposed to be disqualified from operating a commercial motor vehicle. Currently though, a driver can bypass this system. If they fail a test by a carrier, other carriers may not know about this and can still hire them. The average rate of drug test failure is only about 2%. Even though very few drivers fail drug tests, the Clearinghouse will contain violation data about all CDL drivers. The Clearinghouse affects all commercial truck drivers, owner operators, and motor carriers.

How does Clearinghouse work?

The Federal Motor Carriers Safety Administration (FMCSA) will manage the secure portal where all concerned parties will have access to data about drug and alcohol violations. Drivers can register on the Clearinghouse, although they’re not technically required to. If drivers register, they will have access to their own data for free.

Drivers are also required to provide consent for companies attempting to access their data.

The Clearinghouse will feature an electronic consent feature for this purpose. Motor carriers, state drivers licensing agencies, medical review officers, and substance abuse professionals will also be involved with the system. What’s important to note is that CDL drivers can’t really bypass Clearinghouse even if they don’t register. Whether you register or not, violation data about you will be on there if it exists. If you’re not registered you just can’t see it, and you can’t consent to carriers using the data to hire you.

How Clearinghouse will impact truck drivers

Once CDL drivers are registered on the Clearinghouse, motor carriers can run two types of queries, or requests for data. The first is pre-employment full queries and is a request for a full record of violation data. As the name suggests, carriers are required to make this query before a driver can be hired by their company to operate a commercial motor vehicle. Once carriers make the query, drivers can give their consent to the data on the Clearinghouse portal.

Without drivers giving their consent to the data, carriers are not legally allowed to hire that driver.

Carriers can also make a limited query, which is more like an annual review of their current driver to ensure they are in compliance. Carriers are required to make a limited query once a year, although some may elect to make it more often. Drivers don’t have to give consent for the limited query through the Clearinghouse portal. Instead, drivers give their consent for the limited query to the carrier based on the carrier’s own discretion and paperwork.

What do truck drivers need to do next?

Truck drivers should register for the Clearinghouse by January 6, 2020, especially if they are searching for a new job. Registration isn’t technically required for all CDL drivers, but it is needed if they’re looking for a new job. Registration simply makes the violation data available to you and to carriers looking to hire you.

It’s safe to say that if a driver doesn’t register, they won’t be able to be hired for a new driving job.

There is no renewal required after a driver registers. If drivers are in the hiring process, they’ll have to log on to the Clearinghouse and provide their consent to carriers looking to access their data. While there is no requirement to provide your consent quickly, it’s in your best interest to do so quickly to be considered for employment. Finally, drivers will need to sign consent forms for the limited query, which should be provided by their motor carriers.

The requirements are slightly more complicated for owner-operators, since they serve as their own bosses.

Basically, owner operators are subject to the regulations for both drivers and employers.

They’ll have to designate a consortia or third party administrator who must also be registered. The requirements for owner operators vary slightly depending on whose authority they are operating under. If they’re operating under a carrier’s authority, the carrier takes on more of the responsibilities.

Drivers can register for the Clearinghouse by visiting the Clearinghouse website. There are also helpful FAQs and a helpful timeline on the website. It may be best to select email as a preferred method of contact. If you don’t, the FMCSA will send correspondence via snail mail, which can hamper the speed of your job search and hiring process. Being registered in the Clearinghouse will make job hunting easier for CDL drivers.

Interested in learning more?

Drive My Way partnered with DriverReach to produce an ondemand webinar that provides additional information about how the Drug & Alcohol Clearinghouse will impact truck drivers.

Watch the Webinar

FMCSA considers letting truckers decide when they’re tired

, , , /by

tired truckers

The U.S. Dept. of Transportation announced a “Flexible Sleeper Berth Pilot Program”. This allows truckers to split their off-duty sleeper berth time as they choose.

According to the The Federal Motor Carrier Safety Administration (FMCSA) notice, 240 participating drivers will be “allowed to use any combination of split sleeper periods, totaling 10 hours.” This replaces the 10-hour block or 8/2 split under current Hours of Service regulations.  Using this control group, the agency will gather information from ELDs, monitoring systems like video recorders, and roadside inspections, as well as other tests designed to test the wakefulness of the truck driver, such as wrist actigraphy (a method of monitoring rest/activity cycles) and psychomotor vigilance tests (measures how fast a person reacts to a visual stimulus like a blinking light).

Drivers record subjective sleepiness ratings in their sleep logs.

Then, the agency uses the information to determine if the change is safe to roll out on a larger scale. In addition, the FMCSA opened the proposal for public comments and many drivers chimed in with support.

“Been a driver for over 40 years now. Up until the latest changes, I used those kinds of splits for sleep and or a nap to miss rush hour traffic,” trucker Mark D said of the study. “This is definitely a step in the right direction. Currently the HOS rules penalize a driver for taking a break during the day. The ability to split the sleeper berth advocates for the driver to break when he/she needs the rest. This avoids the penalty of losing work time.” truck driver Michael Gehl commented.”

 

Survey shows trucking carriers slow to deploy ELDs

, , /by
landlinemag.com

Image from landlinemag.com

The TU-Automotive’s Connected Fleets USA conference in Atlanta featured speakers exploring brave new transportation landscapes, including the one that mandates electronic logging devices.  Clem Driscoll, a telematics analyst and founder of C.J. Driscoll and Associates, was among the speakers. He presented findings of his company’s survey, revealing that, despite the impending deadline for switching over to ELDs, many carriers have still been monitoring drivers via paper logs.

Driscoll said the study surveyed 529 U.S. fleet operators. With the mandate for electronic logging devices coming up Dec. 18, 60 percent had not yet deployed ELDs; 33 percent were using AOBRDs and 6 percent were using a combination of e-logs and paper. Driscoll emphasized that the information was gathered in the second quarter and would likely be fluid.

One question for the fleet operator included if they deploy the electronic devices. In addition, it asked for third quarter, fourth quarter or not at all? A third said they planned to either switch to ELDs in the fourth quarter or wait as long as possible.

His company’s research also indicated that large companies preferred to equip their fleets with the same make of the device.

Driscoll said most of the large fleets generally opposed “bringing your own device” or letting drivers using their own devices for a couple of reasons.  “The majority we interviewed favor a company wide solution that would be installed in the vehicle,” said Driscoll, “They wanted consistency with the drivers, who move from one truck to another.”

In addition, he said the fines were a factor in favoring the same ELD configuration.  “They know they receive a fine if not in compliance. These companies, particularly the large fleets, really don’t want to depend on the drivers bringing their own phone. What if something happened to the phone or it was lost?”

Driscoll said a separate survey done in the second quarter asked questions of owner-operators. Of those surveyed, none had deployed ELDs yet.

Driscoll unveiled the highlights of his firm’s study, the 2017-2018 Survey of Fleet Operator Interest in MRM Systems and Services during TU-Automotive’s Connected Fleet event in Atlanta. According to Driscoll, this multi-client study sponsored by 19 companies is believed to be the largest study conducted to date on the U.S. commercial telematics market.

In a phone interview, he told Land Line he did not expect a delay of the mandate and predicted a heavy last-minute demand for the devices.

find-cdl-truck-driver-jobs

Want to find a job you love?

Drive My Way matches drivers with jobs based on their qualifications and lifestyle preferences.

Find Better Today

FMCSA to Create Central Database of Drug Testing Results

, /by

drug testing

By the end of September, the FMCSA publishes a final rule to establish a central database featuring drug testing results from company drivers and owner-operators, writes LiveTrucking.com.

The database is called The Commercial Driver’s License Drug and Alcohol Clearinghouse, and it will keep record of CDL permit holders who have either failed or refused a drug test. Live Trucking explained how the rule will work:

The rule mandates that carriers and owner-operators must submit positive drug tests or test refusals to the FMCSA regularly.

Drivers must give written consent to be added to the database before submitting a drug test.

Blivetrucking.comut, a refusal to do so could result in losing driving privileges.

If a drug test is positive, drivers must complete a “return-to-duty” process, which includes evaluation and monitoring by a substance abuse specialist. After completing this, the positive drug test will remain in the database for three to five years. However, if a driver fails to complete the process, a failed drug test will remain in the database forever.

That’s right, forever.

On the bright side, truck drivers can appeal a positive drug test if a possible error exists. Then, the FMCSA reviews that decision within 60 days, Live Trucking writes.

Trucking companies must annually search the database. They check for driver traffic tickets or citations related to driving under the influence.

According to the FMCSA, the regulation costs the industry $186 million annually

But, it also results in $187 million of benefits. Trucking companies spend $28 million annually for the annual mandate. In addition, they spend another $10 million in pre-employment screenings. An estimated $101 million allocates to drivers, required to undergo the return-to-duty process.

find-cdl-truck-driver-jobs

Want to find a job you love?

Drive My Way matches drivers with jobs based on their qualifications and lifestyle preferences.

Find Better Today

Missouri’s Governor Vetoes Platoon Program. Here’s Why.

/by

truckinginfo.comJeremiah W. Nixon, Missouri Governor vetoes platoon program for testing automated long-haul trucks using platooning technology.

In a recent story about the governor’s veto, Heavy Duty Trucking magazine elaborated on the reasons behind it.

In a letter explaining his veto, Gov. Nixon said that establishing a pilot program for testing platooning vehicles on Missouri highways could put the public at risk. He specifically referenced an accident involving a self-driving Tesla car that led to the death of an Ohio man as an example of the danger automated driving technology could pose.

“Automated driving technology advanced significantly within the last several years. However, the long-term safety and reliability of this technology remains unproven,” Nixon stated. “That fact was tragically highlighted with the recent fatality involving a self-driving passenger vehicle.”

According to Heavy Duty Trucking, in the May 7 Tesla incident driver Joshua Brown died while using the Autopilot feature of his Tesla Model S.

A white tractor-trailer made a left turn in front of the Tesla at an intersection, but the autopilot failed to “see” the vehicle and did not brake. The Autopilot’s cameras were unable to recognize the white trailer against a brightly lit sky.

However, Governor Nixon felt platooning posed an even greater risk to the public. It requires multiple large trucks to travel in tandem with little separation and synchronized braking and acceleration.

“The risks associated with automated vehicles are even greater considering the size of long-haul trucks and the catastrophic damage that could occur if the technology failed,” he stated. “Using Missouri highways as a testing ground for long-haul trucks to deploy this unproven technology is simply a risk not worth taking at this time.”

Read the full Heavy Duty Trucking story here.

Like this story? Like us on Facebook here and get all Drive My Way’s stories in your newsfeed.

find-cdl-truck-driver-jobs

Want to find a job you love?

Drive My Way matches drivers with jobs based on their qualifications and lifestyle preferences.

Find Better Today

California Bill Continues Efforts to Block Human Trafficking

/by

How CDL drivers are breaking the chains of sex slaveryCalifornia Attorney General Kamala Harris is backing legislation. This continues a decade-long bid to coordinate law enforcement agencies’ responses to human trafficking. Harris’s move will be welcomed by the growing number of people advocating for the eradication of human trafficking, such as Truckers Against Trafficking.

According to the article from Sacramento-based Capradio.org:

“Attorney General Harris announced March 9 that she supports AB1731 by former Assembly Speaker Toni Atkins of San Diego.”

“Human trafficking is one of the world’s most heinous and profitable criminal enterprises,” Harris said. “This legislation combats human trafficking by ensuring coordination between a wide range of agencies and partners. I applaud Speaker Emeritus Atkins for fighting this abhorrent crime.”

The bill creates a “permanent interagency task force led by the state Department of Justice.”

Harris long railed against human trafficking. As San Francisco’s district attorney in 2006, she sponsored an earlier bill that outlawed sex and labor trafficking. That measure also allowed restitution for trafficking victims and created a temporary group to report on the problem in California.

To learn how people with CDL trucking jobs are standing up against human trafficking in a big way, read Drive My Way’s feature about Truckers Against Trafficking.

find-cdl-truck-driver-jobs

Want to find a job you love?

Drive My Way matches drivers with jobs based on their qualifications and lifestyle preferences.

Find Better Today

Independent Drivers in This State Just Scored a Big Win

/by

The judge overseeing a class-action suit against FedEx Ground over its classification of certain drivers as “independent contractors” instead of employees has approved the company’s $228 million settlement with 2,300 FedEx drivers in California, Overdrive magazine reports.

The settlement will resolve the legal battle that’s now stretched a decade, as the original complaint in the case was brought against the LTL giant in 2005,” Overdrive reports. “Truck operators for the company claimed their designation as contractors, and not company employees, kept them from being eligible for certain state-required employee benefits like overtime pay and rest breaks.”

The settlement applies to the 2,300 drivers who worked at FedEx in California between 2000 and 2007, the company told Overdrive this summer. The settlement confirms the original ruling against FedEx in this case–which took place in August 2014.

“This July, the U.S. 7th Circuit Court of Appeals made a similar [decision] in ruling against FedEx involving drivers in Kansas,” Overdrive wrote.

Image from Google.com

Will This Bill Hurt the Trucking Industry?

/by

A Congressional move to allow 91,000-pound trucks on U.S. highways wouldn’t necessarily be a boon for the trucking industry.

trucking industry

In fact, according to one national association, it would do more to hurt the trucking industry’s productivity than help it. Writing to Rep. Reid Ribble regarding his recently proposed legislation to give states the option to allow heavier trucks within their borders, the Truckload Carriers Association recently expressed its disapproval of the proposed legislation.

 

The SAFE Trucking Act, as Ribble named his bill, would carry with it expensive trailer retrofitting costs, more expensive tractors and trailers, lower fuel economy and higher maintenance spending, the letter states. “While this provision attempts to improve trucking productivity on our highways, it clearly would only benefit a minority of the industry,” TCA writes in its letter, which is signed by the Chairman Keith Tuttle and policy committee chair Jim Towery.

The Truckload Carriers Association indicated that equipment upgrades could cost up to $25,000 per tractor-trailer, cited CCJ in its news article.

Such a cost would “yield little to no return” for a large majority of U.S. carriers. Carriers likely wouldn’t see rate increases with 91,000-pound loads, TCA says in its letter, but all carriers would face “market pressure” to equip their entire fleets with the necessary upgrades to haul heavier loads.

At least one trucking industry executive–Werner COO Derek Leathers–echoed TCA’s concerns earlier this month.

Image from ccjdigital.com; featured image from pixabay.com/skeeze

 

 

U.S. Senate Calls for Hourly Pay for Drivers

, , , /by

A Senate bill introduced last week in the U.S. Senate calls for truck drivers to be paid by the hour and would take measures to make their job safer.

“Truck drivers work extremely long days to deliver the goods we depend on and keep our economy moving, but too often this comes at the expense of their safety and the safety of other drivers,” said Sen. Cory Booker (D-N.J.), who introduced the Truck Safety Act legislation.

The Truck Safety Act not only would implement hourly pay for U.S. truck drivers, it also would raise minimum insurance levels from $750,000 to $1.5 million, bring speed limiting devices in commercial vehicles one step closer to reality, and study the impact of commuting long distances.

Safety advocacy groups praised the bill. In a joint statement Friday addressing the different trucking bills in the Senate, Advocates for Highway and Auto Safety, the Truck Safety Coalition, Parents Against Tired Truckers, Citizens for Reliable and Safe Highways and the Consumer Federation of America said the bill ‘will move the bar to advance commercial motor vehicle safety.

Read the full article here.

Image from www.truckinginfo.com