Print Page   |   Sign In   |   Register
IAMU Informer
Blog Home All Blogs

Pre-employment Investigations for Drug and Alcohol Program Violations

Posted By IAMU, Wednesday, November 9, 2022

Beginning January 6, 2023, a pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective driver's previous drug and alcohol program violations, as established by 49 CFR 391.23(e).

Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years (see 49 CFR 391.23(e)). Currently, this requires employers or their designated consortia/third-party administrators (C/TPAs) to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year time frame.

Beginning January 6, 2023, when three years of violation data is stored in the Clearinghouse, prospective employers must not conduct manual inquiries. In accordance with §§ 382.413(b) and 391.23(e)(4), beginning January 6, 2023, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in § 391.23(e) as it pertains to FMCSA-regulated employers.

NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii), since this information is not reported to the Clearinghouse.

Annual query requirements have not changed.

Employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ (see § 382.701(b)). This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2021, it is time to conduct the next round of annual queries.

Employers must obtain general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information (you can download a sample limited query consent form).

Are you up-to-date on your annual queries?

Log in to the Clearinghouse and visit your Query History page to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.

Questions?

To learn more about queries and consent requests, browse the Clearinghouse FAQs or download the Queries and Consent Requests Factsheet. This is also available in the Clearinghouse Learning Center

If these materials do not cover your question, you can also contact the Clearinghouse Team.

Tags:  Clearinghouse  DOT  Drug & Alcohol Testing 

PermalinkComments (0)
 

U.S. Department of Transportation Issues Two Much-Anticipated Drone Rules to Advance Safety and Innovation in the United States

Posted By IAMU, Tuesday, February 2, 2021

The U.S. Department of Transportation’s Federal Aviation Administration (FAA) today announced final rules for Unmanned Aircraft (UA), commonly known as drones. The new rules will require Remote Identification (Remote ID) of drones and allow operators of small drones to fly over people and at night under certain conditions. These rules come at a time when drones represent the fastest-growing segment in the entire transportation sector – with currently over 1.7 million drone registrations and 203,000 FAA-certificated remote pilots.

Remote ID will help mitigate risks associated with expanded drone operations, such as flights over people and at night, and both rules support technological and operational innovation and advancements.

“These final rules carefully address safety, security and privacy concerns while advancing opportunities for innovation and utilization of drone technology,” said U.S. Secretary of Transportation Elaine L. Chao.

Remote ID (PDF) is a major step toward the full integration of drones into the national airspace system. Remote ID provides identification of drones in flight as well as the location of their control stations, providing crucial information to our national security agencies and law enforcement partners, and other officials charged with ensuring public safety. Airspace awareness reduces the risk of drone interference with other aircraft and people and property on the ground.

Equipping drones with Remote ID technology builds on previous steps taken by the FAA and the drone industry to integrate operations safely into the national airspace system. Part 107 of the federal aviation regulations currently prohibits covered drone operations over people and at night unless the operator obtains a waiver from the FAA. The new FAA regulations jointly provide increased flexibility to conduct certain small UAS without obtaining waiver.

“The new rules make way for the further integration of drones into our airspace by addressing safety and security concerns,” said FAA Administrator Steve Dickson. “They get us closer to the day when we will more routinely see drone operations such as the delivery of packages.”

The Remote ID rule (PDF) applies to all operators of drones that require FAA registration. There are three ways to comply with the operational requirements:

  1. Operate a standard Remote ID drone that broadcasts identification and location information of the drone and control station;
  2. Operate a drone with a Remote ID broadcast module (may be a separate device attached to the drone), which broadcasts identification, location, and take-off information; or
  3. Operate a drone without Remote ID but at specific FAA-recognized identification areas.

The Operations Over People and at Night rule (PDF) applies to Part 107 operators. The ability to fly over people and moving vehicles varies depending on the level of risk a small drone operation presents to people on the ground. Operations are permitted based on four categories, which can be found in the executive summary (PDF) accompanying the rule. Additionally, this rule allows for operations at night under certain conditions.

The final rule requires that small drone operators have their remote pilot certificate and identification in their physical possession when operating, ready to present to authorities if needed. This rule also expands the class of authorities who may request these forms from a remote pilot. The final rule replaces the requirement to complete a recurrent test every 24 calendar months with the requirement to complete updated recurrent training that includes operating at night in identified subject areas. 

Both rules will become effective 60 days after publication in the Federal Register. The Remote ID rule includes two compliance dates. Drone manufacturers will have 18 months to begin producing drones with Remote ID, with operators having an additional year to start using drones with Remote ID.

Read the full rules below.

86_FR_4390-4513

86_FR_4314-4387

Tags:  DOT  Drones  FAA 

PermalinkComments (0)
 

LTAP Small City Work Zone Sign Package Program

Posted By IAMU, Tuesday, November 3, 2020

The application period for the Iowa LTAP Small City Work Zone Sign Package Program is open and applications will be accepted until November 27, 2020. The goal of this program is to assist small cities in Iowa (less than 10,000 in population) make their work zones safer for workers and the public by acquiring a basic work zone sign/device package. Based on the content of their application, approximately 10 cities will be selected for this free DOT sponsored program. More information and the application link can be found on the Iowa LTAP website at: https://iowaltap.iastate.edu/

Tags:  DOT  ISU  LTAP  Safety 

PermalinkComments (0)
 

The Iowa LTAP Work Zone Sign Package Program

Posted By IAMU, Wednesday, May 6, 2020

The goal of this Iowa DOT funded program is to provide an avenue for smaller cities, less than 10,000 population, to be able to obtain a basic work zone sign package that is in compliance with the 2009 MUTCD and to make their work zones safer for operations personnel and motorist. It is currently proposed that the materials to be included in the package will be the following:

  • One Lane Road Ahead Signs
  • Road Work Ahead Signs
  • Be Prepared to Stop Signs
  • Type III Barricades
  • 28” Traffic Cones
  • Class 2 Safety Vests
  • Sign Stands
  • 42 inch Channelizers

Each of these will be of the correct type and size for lower speed city street work.  All of the devices will include high intensity retro-reflective sheeting suitable for nighttime use.

It is expected that approximately 10 cities will be chosen to receive a work zone sign package based on the content of the application submitted by the city and reviewed by the advisory committee.

The 10 winning cities for the 2020 program were announced and they are:

  1. Earlville
  2. Cascade
  3. Wilton
  4. Shelby
  5. Correctionville
  6. Adel
  7. Iowa Falls Water
  8. Griswold
  9. Readlyn
  10. Charter Oak

Look for the announcement coming in the fall of 2020 for next year’s program!

Tags:  DOT  Iowa LTAP 

PermalinkComments (0)
 

CDL Drug and Alcohol Clearinghouse is Coming Soon

Posted By IAMU, Tuesday, July 9, 2019

The requirement to register with the U.S. Department of Transportation’s Drug and Alcohol Clearinghouse is nearing. Each employer/entity that has employees who are covered under the FMCSA DOT entity will be required to register with the new database clearinghouse. This affects all those with commercial driver’s licenses (CDLs) who operate commercial motor vehicles on public roads, including municipal vehicle drivers. The DOT has provided a link to its website that provides additional information.  

https://clearinghouse.fmcsa.dot.gov/

It is strongly urged that all FMCSA employers/entity visit the clearinghouse site to be prepared for the “go-live” date of January 6, 2020.

The Drug and Alcohol Clearinghouse is a secure online database that will give employers, Federal Motor Carrier Safety Administration (FMCSA), State Drivers Licensing Agencies, and State law enforcement personnel real-time access to important information about (CDLs) driver drug and alcohol program violations, thereby enhancing safety on our nation’s roadways. 

The Clearinghouse contains information about drivers with CDLs who are covered by FMCSA’s drug and alcohol program. This also includes drivers with commercial learner’s permits. (CLPs).  This information will include violations of the drug and alcohol program, including verified positive drug tests, verified alcohol positives and refusal to tests.

Tags:  CDL  Clearinghouse  DOT  FMCSA 

PermalinkComments (0)
 
Page 1 of 2
1  |  2
Membership Software Powered by YourMembership  ::  Legal