Partner Tommy Eden had a guest post on our Employment & Labor Insider blog about proposed regulations from the Federal Motor Carrier Safety Administration that would create a drug and alcohol testing clearinghouse for interstate truck and bus drivers.
The proposed regulations were issued as part of the Moving Ahead for Progress in the 21st Century Act, which President Obama signed into law on July 6, 2012. The proposal would create a national database containing drug and alcohol information about drivers holding CDLs that can be accessed by trucking and bus companies regulated by the U.S. Department of Transportation.
Comments are being accepted through April 21, and a final rule is expected in late June.
Once a final rule is in place, employers will need to update their FMCSA and Federal Transit Administration policies, forms, and toolkits; adopt various internal reporting and confidentiality protocols; and conduct training and modify their Service Agent contracts. The regulation, if adopted, will touch every CDL holder and their employers, and is the most significant regulatory change since 2001, when the regulations at 49 CFR Part 40 were adopted.