If a truck driver fails a drug test, should the state that issued his license be notified? That, basically, is the question the Federal Motor Carrier Safety Administration will attempt to answer through a study mandated by Congress.
The Motor Carrier Safety Improvement Act of 1999 directed the U.S. Department of Transportation to study the feasibility and merits of requiring Medical Review Officers and employers to report verified positive drug test results for CDL drivers to the state that issued the driver’s license. In addition to the reporting requirement, prospective employers would be required to query the licensing state for any records of positive drug tests before hiring a driver. One state, Oregon, has a similar law in place.
Along with possible benefits, FMCSA will look at cost, database requirements, and safeguards needed to protect the confidentiality of drug test results.
Some questions the agency poses: What impact would this requirement have on the motor carrier industry, drivers, Medical Review Officers, safety advocates, the states and other interested parties? What would be the benefits, costs and safety impacts? Should a process be established to allow drivers to correct errors in their records and to expunge information from their records after a reasonable period of time? How could we safeguard the confidentiality of verified drug test results? Who should own and/or house the database?
The notice, along with a list of questions, was published in the July 9 Federal Register, which can be accessed on the Internet at www.nara.gov/fedreg. Comments are due Aug. 8 and can be submitted electronically at http://dmses.dot.gov/submit or can be submitted in writing to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW, Washington, DC 20590. Reference Docket No. FMCSA-2001-9664.
The Motor Carrier Safety Improvement Act of 1999 directed the U.S. Department of Transportation to study the feasibility and merits of requiring Medical Review Officers and employers to report verified positive drug test results for CDL drivers to the state that issued the driver’s license. In addition to the reporting requirement, prospective employers would be required to query the licensing state for any records of positive drug tests before hiring a driver. One state, Oregon, has a similar law in place.
Along with possible benefits, FMCSA will look at cost, database requirements, and safeguards needed to protect the confidentiality of drug test results.
Some questions the agency poses: What impact would this requirement have on the motor carrier industry, drivers, Medical Review Officers, safety advocates, the states and other interested parties? What would be the benefits, costs and safety impacts? Should a process be established to allow drivers to correct errors in their records and to expunge information from their records after a reasonable period of time? How could we safeguard the confidentiality of verified drug test results? Who should own and/or house the database?
The notice, along with a list of questions, was published in the July 9 Federal Register, which can be accessed on the Internet at www.nara.gov/fedreg. Comments are due Aug. 8 and can be submitted electronically at http://dmses.dot.gov/submit or can be submitted in writing to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW, Washington, DC 20590. Reference Docket No. FMCSA-2001-9664.
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