PCF Transportation Practice Leader, Tim Good, is joined by Erika Wilson, Producer at Good's Insurance, a PCF company, to discuss the FMCSA Drug and Alcohol Clearinghouse, a critical piece of the transportation and trucking industry that is often misunderstood. Learn how drivers and trucking companies can stay compliant, avoid fines and ensure they're being safe on the roads with an inside look at how it works.
View the discussion below, or read the full transcript for all the details you need to know about the FMCSA Drug and Alcohol Clearinghouse. For more information on how PCF Transportation can help keep your business moving, visit transportation.pcfins.com.
Moderator: Brodie Lawson
I'm Brodie Lawson. And today we are here to discuss with PCF Transportation, the FMCSA Drug and Alcohol Clearinghouse. It's a critical piece of the trucking industry and one we're going to dive into today. In conversation is Erika Wilson, Producer from Good’s Insurance, a PCF Company and Timothy Good, TRS, CPIA, PCF Transportation Practice Lead. I'll pass it over to Erika and Timothy with more.
Tim Good:
Welcome. Thank you for joining everybody. Today, we're going to talk a little bit about the Drug and Alcohol Clearinghouse. Erika, this is the big misunderstanding with a lot of trucking companies and truck drivers in general. So, what exactly is the Drug and Alcohol Clearinghouse?
Erika Wilson:
So, the Clearinghouse is a database for positive drug and alcohol tests. It requires a motor carrier to clear a driver through the database prior to hiring them once a year, and when a driver is eligible to return to duty after previously testing positive for drugs or alcohol.
Tim Good:
So, Erika, there is so much confusion. How does the motor carrier register for the Drug and Alcohol Clearinghouse? You know, it seemed cumbersome.
Erika Wilson:
It can be, especially for truckers that have an older DOT number. Whoever is going to be assigned within the company to access the Clearinghouse will need to have, preferably, their email and a cell phone handy to do this process. They will need to first update their FMCSA portal, which can be the cumbersome part because if they have a very old DOT number, they have to sometimes re-establish their FMCSA portal and set up a login and password. And then once that part of it is done and they've gained access to their portal, then they can grant themselves access to the Drug and Alcohol Clearinghouse after the portal is all updated, giving them access to the Clearinghouse. Then they go to the Drug and Alcohol Clearinghouse website and create the login and password. This is when they're going to need their email and cell phone. So, they're going to create the log-in with their email, and then the Drug and Alcohol Clearinghouse is a very secure database because it has confidential information in it. So, the reason for the cell phone is such that they will have to have a code texted to them after they log into the Clearinghouse to grant them full access into the database, like a two factor authentication.
Tim Good:
Ok. So, once they get set up, how do they obtain the history of a driver? Or, do they need to schedule their drivers? Or, what do they need to do in that database?
Erika Wilson:
Once they're set up and they're synced with their portal, then they have to purchase what's called a quarry package. Every drug and alcohol history on a driver is called a query in the database. So, they have to order a query package. Each quarry costs $1.25. They purchase a package and they usually should do it based on how many times they're going to need to run a query through the system each year. FMCSA has multiple packages starting with one and probably going to, I think over 100. So, there's much diversity on the packages that you can buy once that's done. Then, you'll need the driver's license information, and depending on at what point in the employment of the driver, will determine what type of query you're actually going to be running on the driver.
Tim Good:
Yeah, I was just going to mention, I was going to ask you, does the driver have to consent to this?
Erika Wilson:
Yes, they do. When a motor carrier is doing a preemployment query, the consent is electronic and the motor carrier will run the preemployment query in the Clearinghouse by entering the driver's license information, and then submits it to the driver. At that time, the driver has to create their own log-in for the Clearinghouse where, as soon as they log in, they'll see that the motor carrier has requested consent of their drug and alcohol history. Then the driver, at that time, will have to give the green light for the motor carrier to receive it.
Tim Good:
Right. So basically, what you're saying, the driver needs to register for the Clearinghouse as well.
Erika Wilson:
Yes, absolutely.
Tim Good:
Ok. What happens if we get a drug and alcohol test, a positive test that's reported to the Clearinghouse? What happens in that scenario?
Erika Wilson:
When a driver tests positive for drugs and alcohol, then he is prohibited to drive immediately. Eventually these positive tests will also make their way to the state driver's license associations, the Motor Vehicle Administration's Department of Motor Vehicles, which then will affect their CDL license. But, instantly when the drug and alcohol testing facility reports the positive test to the Clearinghouse, the driver is prohibited to drive and that means that the motor carrier has to remove him from a driving function.
Tim Good:
Do you have any real-life examples that you've experienced when someone tests positive, especially in the insurance industry. How it's affecting their insurance and if it's more of a hurdle to get them insured?
Erika Wilson:
Sure. Of course, you know, underwriting looks at drug and alcohol violations very seriously. And, you know, I recently had a prospect that had reached out to me for trucking insurance and unfortunately, they've had one driver that continuously was operating a commercial vehicle while he was prohibited to drive in the Clearinghouse. Unfortunately, the, the blame fell on the motor carrier because this has been a requirement now for three years, and the motor carrier had not been registered for the Drug and Alcohol Clearinghouse and had not done what they were supposed to do. Now that they had a driver that had been stopped twice, that was prohibited to drive, when that hits their DOT history, it's on there for two years. And unfortunately, you know, when you're trying to get insurance rates and competitive pricing for great coverage, the underwriters just aren't going to have it. They're not interested in trucking companies that have drivers that are operating the equipment when they're prohibited to drive for drug and alcohol issues. This makes sense.
Tim Good:
Do you think some of it's, just maybe like being naive on the motor carrier part or just like, well, it's not a big deal. Or maybe they just don't understand the process.
Erika Wilson:
I think it's a combination of all of the above, to be honest with you. I think a lot of them don't understand it, they don't realize the importance of it. They're not working with someone that can take the time to explain it to them. And, you know, a lot of it may just be because of the technology. They can't seem to get it to work, and they have problems, and they get frustrated. And this is affecting their business long term and, you know, a positive drug or alcohol test through the Clearinghouse as a DOT Violation will stay on there for two years. It has a very heavy weight on their CSA score. That can spark a DOT audit.
Tim Good:
I think the whole thing is: knowledge is power and, you know, laziness is what we deal with sometimes in this industry, and it's not the fact that they don't want to do it, it's, “oh, I just don't have time to do it,” or, “I don't understand how to do it,” or, “I need help doing it but I just don't have the time.” But they have to make it a priority. They have to do it.
Erika Wilson:
I get it, motor carriers are busy. They want to keep those wheels moving all the time and they'll say, “oh, I'll get to it tomorrow, or the next day,” and then it becomes months and then boom, they have a driver that gets stopped roadside and here we go. Problems.
Tim Good:
Yeah, I know, on the underwriting side, you know, it is viewed very, very heavily and oftentimes it's a rejection even if the driver is no longer employed. The fact that the motor carrier had that violation 18 months ago, they still want to give it more time because they don't want that possibility of it happening again if we have a driver who tests positive. And so, what's the return to duty process for that driver? If they test positive and, you know, with marijuana being legal in a lot of states, recreational or medicinal, this is becoming a big issue. So how do they get to return to duty status?
Erika Wilson:
The first thing the driver has to do is reach out to a substance abuse professional to receive the counseling and the monitoring, and it's up to that substance abuse professional to determine the process for routine return to duty for that driver. I have, you know, been involved in several of the return to duty processes with drivers that have tested positive, and it can be, as you know, it could take several weeks, it could take several months. It depends on that driver and their situation with the reasons on why they tested positive for drugs or alcohol. After they’ve received the counseling and they've been given the green light from the substance abuse professional to move forward, then they will have to take a period of tests. Usually, six months’ worth of tests to remain able to continue to drive under the return to duty status.
Tim Good:
Does an owner-operator that leases a motor carrier, do they have to be registered individually and the motor carrier, or just the motor carrier if they're leased to them?
Erika Wilson:
That's a two-part question. So, a motor carrier that has permanently leased owner-operators, the motor carrier is responsible for running that owner-operator through the Clearinghouse. But if an owner-operator has their own DOT number and an MC number, then they are required to register for the Clearinghouse, too, and they will register as a motor carrier and a driver. So, they will have to periodically run their own license number through the Clearinghouse just to make sure by accident no positive drug or alcohol test ever got linked to their license number, because the last thing they want to do is get stopped roadside and find that there's a problem.
Tim Good:
Well, and that seems to be a very easily misunderstood thing, you know that they wouldn't put the two and two together quite frankly. That, hey, just because I have a DOT number, I have to also check on my own, and do my own registration, which is, that's extremely important, you know, being in the insurance industry.
What are you seeing as far as the insurance companies and how all of this is impacting the industry? Obviously, we look at the charts from time to time on what the major drugs are that are being violated, and marijuana seems to be the number one target. I think the last graph was like 82% or something. What are you seeing from your customers and the insurance companies in relating to what their response is, rating wise, what kind of action are they taking?
Erika Wilson:
Yeah. So, the Clearinghouse is still a big issue with compliance. I'm not seeing 100% compliance with the Clearinghouse. Motor carriers have to run the driver through the Clearinghouse before they hire them to make sure that they're not prohibited to drive, and that's not happening 100%. And the issue is that motor carriers are hiring drivers that are prohibited to drive because they have not run their license through the Clearinghouse, and then they're getting stopped roadside and enforcement is checking the drivers in the database. If they're not in there or they're prohibited to drive, then the violations fall back on the motor carrier, and the driver, but on the motor carrier, and that affects their CSA score. I think the biggest issue, and I've heard from a lot of drivers and trucking companies, is that, you know, marijuana is becoming legal in a lot of states and drivers think that because of that legalization, that it's ok for them to use recreational marijuana, and if they test positive, that they're allowed to test positive because it's legal in the state. But that is not the case. A CDL license is a federal license and marijuana is still a prohibited substance under the federal law. So, they're in trouble. They're getting their license restricted.
Tim Good:
The FMCSA is zero tolerance. I'm hoping the ARTI gets involved with this a little bit because, you know, the the realization is that marijuana will stay in your system for a week. And if they do a hair follicle test, it'll probably be six months. Right. And so, you know, are they truly impaired or is it just in their system? So, until they come up with a way to, which is in the works, by the way, from what I'm finding out to, you know, designate, are you impaired? And, you know, I don't think anything's going to change on a federal level. So, it's really important that these people pay attention to what they have to do and what's required by the federal, FMCSA.
Erika Wilson:
Yeah, absolutely. It's just, there's so much on the line right now and when, you know, a driver that has been prohibited to drive and is being caught roadside, it has such huge consequences on the motor carrier side. Like I said, it becomes a DOT violation, and then the insurance company is reviewing that information and it's just, it's causing problems with their insurance rates and compliance, and it just is a bad situation. I think the more people that are aware of the Clearinghouse… FMCSA will even take a phone call to help, you know, get set up with it. But at some point, I think the violations for this are going to get harsher and they need to be a aware of it and take action on it as soon as possible.
Tim Good:
And I think the end result, to wrap it up is that it's one of those things where, you know, a lot of these truck drivers, we've known them for decades. They just, “oh, it doesn't apply to me,” or, “I'll do it later,” and it really has to be on the front burner. They have to get this taken care of. They have to take the time, make it a priority and get in the system, and do it the right way and, you know, if they need any help, they should be contacting you or their insurance agent or preferably, you know, us. And who, in turn, can help them get the help that they need.
Erika Wilson:
Right. There's a lot of third-party companies out there that can assist them with logging, registering for the Clearinghouse, you know, speak to your insurance agent. They have the contacts if you need someone to trust. They definitely can refer you in the right direction to get with someone to help with that if you're not computer savvy or what have you. But yeah, for the most part it's an easy process. It just can be cumbersome because of the technology. But once that's over with, you're in, you're done, you're in and we do know that technology can be a problem sometimes with the older drivers. Especially with the older generation. It's just, it's a tough one.
Tim Good:
Listen, thank you so much for your time. This has been a great time to spend together and hopefully everybody out there can learn something today from what we discussed on the Drug and Alcohol Clearinghouse.
Erika Wilson:
Thank you for having me. This is important information that needs to be shared. Have a great day.
Moderator: Brodie Lawson
A huge thank you to Timothy and Erika from PCF Transportation for their insights on the FMCSA Drug and Alcohol Clearinghouse. For more information, please visit transportation.pcfins.com. Stay tuned for another conversation with PCF.
Learn more about PCF Transportation at transportation.pcfins.com.
