Page 12 - jan-feb2020
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FMCSA


                                                                                          Record

               DRUG & ALCOHOL                                                             Consent
              CLEARINGHOUSE                                                               Query

                                                                                          Safety


                   FMCSA
              QUERIES AND CONSENT REQUESTS


              Beginning January 6, 2020, employers, or their designated   THERE ARE TWO TYPES OF QUERIES:
              consortium/third-party administrator (C/TPA), will be required to   queries  &   Full
                                                                              Limited
              conduct queries to check if current and prospective employees                    queries
              are prohibited from performing safety-sensitive functions, such
              as operating commercial motor vehicles (CMVs), due to an    All queries require driver consent;
                                                                          the type of consent depends on the query type.
              unresolved drug and alcohol program violation.

                Query Type   Reason for      Consent          Consent Responses and   Query Results and Required
                             Query           Requirements     Required Actions        Actions

                LIMITED      Annual check    Outside the      Consent refused         No records found in the
                QUERY        on currently-   Clearinghouse     •  Query cannot be     Clearinghouse for queried
                             employed driver                     conducted            driver
                                             May be electronic                         •  No action required
                                                               •  Driver removed from
                             OR              or wet signature  Consent provided       Records found in
                                                                 safety-sensitive functions
           FMCSA-MCE-19-018, September 2019  time range        •  Retain via paper or   queried driver; full query
                             Ad hoc/periodic
                                             Limited consent
                                                                                      the Clearinghouse for
                                             form must specify
                             check on driver
                                                                                      needed
                                                                 electronically in driver’s
                                                                                       •  Full query must be
                                                                 qualification file
                                                                                         conducted for violation
                                                               •  Request limited query in
                                                                                         and/or return-to-duty (RTD)
                                                                 the Clearinghouse
                                                                                         details to be released
                                                                                       •  If full query is not conducted
                                                                                         within 24 hours, driver
                                                                                         is removed from safety-
                                                                                         sensitive functions, including
                                                                                         operating a CMV
                FULL         Pre-employment   Electronically within   Consent refused  Prohibited
                QUERY        check on        the Clearinghouse,   •  Employer notified of   •  If driver has a violation and
                             prospective     for each full query   refused consent       no negative RTD test result,
                             driver          for individual driver  •  Query cannot be   driver is removed from
                                                                 conducted               safety-sensitive functions
                             OR
                                                               •  Driver cannot perform/
                             Limited query                       removed from safety-  Not Prohibited
                             returned records                    sensitive functions   •  If a driver has no violations,
                             found for queried                                           or a violation and a negative
                             driver                           Consent provided           RTD test result, no action
                                                               •  Query conducted        required
                             OR
                                                               •  Full violation and/or RTD
                             Ad hoc/periodic                     details released, if any
                             check on driver



    12                                    Alabama Propane Gas Association  |  January / February  2020
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