Senate Bill 1113 introduced by Sen. Mark Pryor, D-Ark., has been filed directly to the Secretary of Transportation to establish and maintain a national clearinghouse for records relating to alcohol and controlled substance testing of commercial motor vehicle operators.
The new law would record positive drug and alcohol test results and refusals to take the test. The proposed law is known as the “Safe Roads Act of 2009.” $5 million dollars per year would be allocated towards building and maintaining the database. The clearinghouse shall function as a repository for records relating to the verified positive test results and test refusals of 18-wheeler and commercial motor vehicles operators. Also, it would require medical review officers, employers and other service agents to report positive drug or alcohol tests to the FMCSA; and require employers to cross-reference perspective employees with the database prior to hiring.
The data will be accessible electronically and directs the Secretary of Transportation to register and authenticate authorized users of the clearinghouse. A commercial motor carrier employer shall not hire an individual to operate a commercial vehicle unless the employer has determined that the individual, during the preceding three (3) year period, has been tested for the use of alcohol and controlled substances; has not tested positive or has tested positive and completed the required returned-to-duty process; and has not refused to take the alcohol or controlled substance test under Federal Law.
I applaud the central database which allows trucking companies to obtain this critical safety-related information during the hiring and reviewing of their commercial drivers. Motor carriers must keep the paper trail of their due diligence in reviewing its driver’s drug and alcohol testing.
Richard J. Arsenault, 2011
