Interum Rule On Reporting Positive Drug Tests, and Test Refusals

[Bullwinkle]

Any CDL holder who pops positive in a drug screening or refuses to test may have those results reported to their state licensing agency thanks to a new interim final rule.

The Federal Motor Carrier Safety Administration issued the interim final rule effective, June 13, that removes any roadblocks employers or drug testing facilities may face in reporting positive results or refusals to state licensing agencies.

According to the interim final rule, posted to the Federal Register on Friday, June 13, several states have regulations in place that require the release of certain test results and refusal information for all CDL holders without consent from the person being tested.

However, with the 2000 revamp of the federal drug testing regs, it was the intention of FMCSA officials that state safety agencies with regulatory authority over employers could receive test results and information on refusals to test.

The interim final rule removes the conflict between the wording of the regulation and the intent of agency officials.

“We do not want our regulations to have the effect of prohibiting employers and (third party administrators) of owner-operators from providing the drug and alcohol test results of CMV drivers with CDLs,” FMCSA officials wrote in the interim final rule.

Source: LandLine

[SilverSurfer]

Do you know when the comment period for this rule was, or will I need to research this? FMCSA, as well as Fed DOT, has a habit of pursueing action without the proper proceedure. As the case was with the cross-border program and previous HOS rules substantiates. I do not recall any comment period regarding this interim final rule.

-ss-

[Bullwinkle]

I do not know the answer to your question.

Might dig through the new archive at landline to see if it exists, as they are pretty good at giving us information on things like this.

[SilverSurfer]

I utilize Landline as my primary source for trucking news on my main site's home page. Haven't seen anything on this regarding a comment period in the past 2+ years. I'll do some research and get ahold of a couple of contacts we have at Landline to see if they know anything about it. They are excellent about reporting trucking issues and are my best research source. I'll get back with whatever I find out this week.

-ss-

[Bullwinkle]

Sounds good, fill us in if you find out anything.