FMCSA-Related Employers

FMCSA-regulated employers have some new regulations thanks to a wreckless driver in New Hampshire.

On June 21, 2019, the driver of a 2016 Dodge 2500 pickup truck pulling a trailer in Randolph, New Hampshire hit a group of 10 motorcyclists, killing 7. The driver had prior arrest records for drunken driving in both Connecticut and Massachusetts. At the time of the accident he was driving for work. Records from the Federal Motor Carrier Safety Administration (FMCSA) indicate the driver’s employer had previously received multiple FMCSA citations for violations of safety laws, including 2 for drivers in possession of narcotics, a driver not having a commercial driver’s license, a vehicle with defective brakes and a driver speeding. Since many of the violations occurred in separate states, the accumulation of violations went unnoticed…but not for long.

On October 1, 2019, the FMCSA announced the establishment of a federal electronic database that will serve as a clearinghouse for all information relating to a commercial motor vehicle drivers’ drug and alcohol violations. The program, set to be operation on January 6, 2020, will impose tighter hiring and record keeping restrictions on FMCSA-regulated employers, Medical Review Officers, Substance Abuse Professionals, and various other service agents. In addition, regulations require employers to add certain language to their FMCSA drug and alcohol testing policies to provide notice to drivers and applicants that certain information shall be reported to the new clearinghouse. More information on the new clearinghouse can be found here.

If you need assistance in regards to the new regulations and updating your company employment policies to assure compliance with the new law,  contact Michelle L. Brenwald.