United States Department of Transportation
i
A Report to Congress on the Feasibility and Merits of Reporting Verified Positive Federal Controlled Substance Test Results to the States and Requiring FMCSA-Regulated Employers to Query the State Databases Before Hiring a Commercial Drivers License (CDL) Holder
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2004-03-01
[PDF-20.07 MB]
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NTL Classification:NTL-FREIGHT-Trucking Industry;NTL-SAFETY AND SECURITY-Human Factors;
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Abstract:A review conducted on behalf of the Federal Motor Carrier Safety Administration (FMCSA) in response to Section 226 of The Motor Carrier Safety Improvement Act of 1999. Section 226 of the Motor Carrier Safety Improvement Act of 1999 directed the Federal Motor Carrier Safety Administration (FMCSA) to evaluate the feasibility and merits of requiring Medical Review Officers (MROs) and/or employers to report all Federal verified positive controlled substance test results on drivers tested under 49 CFR part 382, to the State which issued the driver's Commercial Drivers License (CDL). All employers of drivers required to have a CDL would conduct a pre-employment query of the applicable database to ensure driver eligibility under FMCSA controlled substance regulations. Further, FMCSA was tasked with assessing how these records could be kept properly confidential; what would be the estimated cost benefit and safety impact of such a requirement; and whether a process should be created to permit drivers to correct errors or have their records expunged after a "reasonable" period of time.
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