at the Capitol
May 7 EKOGA Mid-Year Meeting
at Flint Oak
September 15-16 Annual Meeting
At Prairie Band Resort
Oil and Natural Gas Prices
KCC launches investigation
into Hutchinson earthquakes
The Kansas Corporation Commission (KCC) is collecting data and analyzing recent injection well activity in Reno County in an effort to uncover the cause of a series of earthquakes in the Hutchinson area. Amid damage reports and a concern for public safety, the KCC is conducting an investigation and will evaluate whether additional action is needed to safeguard Kansans. For the full story click here.
EKOGA Participates in Obtaining Major Court Victory for Industry
For full article click here.
FMCSA Drug and Alcohol Clearinghouse
Map-21 mandated the FMCSA create a Drug and Alcohol Clearinghouse database for trucking companies to report and search CDL holders drug and alcohol history. FMCSA published a final rule on December 5, 2016 and this rule will be effective January 6, 2020. Any driver who holds a CDL, employers of CDL drivers, third party administrators, MROs, SAPs, and state drivers licensing agencies are all required to use the Clearinghouse. Registration for the Clearinghouse opened in October, and mandatory reporting will begin January 6, 2020.
There are several things that you as the employer need to do in order to prepare for the implementation of the final rule.
First, you need to ensure you have a portal account. This is the account you should be logging into to check your CSA scores and crash records. If you aren’t sure if you have a portal account you can check by going to https://portal.fmcsa.dot.gov/login. This account is vital to linking your drug and alcohol Clearinghouse account.
Second, you will need to sign up for your Clearinghouse account. Accessing the Clearinghouse requires the creation of an account with login.gov, a shared service that offers secure online access to participating government systems. Login.gov requires the completion of a user verification process i.e. authentication via phone (voice or text message), authentication application, or security key. After you complete this process, you will then as the employer enter your credentials from your portal account. The most important part of this step is not only do you as the employer have to complete this step, EVERY DRIVER has to also create an account. Drivers are required to have their OWN unique email along with their CDL number in order to create an account and login.
Once you are logged into your account you will be able to (starting in November) purchase query plans, set up associates (other employees that can access your account), run queries (January), and report violations (January).
Queries are $1.25 per query. You can purchase queries in bundles and they never expire. You can ONLY purchase queries bundles through the Clearinghouse site. There are companies out there trying to sell you queries bundles cheaper, these are not legit companies. Again, only purchase query bundles through the Clearinghouse website.
There are two types of queries, Limited and Full. Driver consent is REQUIRED to run both types of queries.
Limited query is your annual check on currently employed drivers and/or a periodic/ad hoc check on a driver. These queries will return any records that may be found on this specific driver. You can visit FMCSA’s website or email Becky Schwartz at the EKOGA office for a sample consent form for Limited Queries. This form can be signed by a driver for a specified period of time for unlimited queries during said time period. This form will be filed in the driver’s qualification file.
Full Query is completed for Pre-employment check on prospective driver, limited query returned information exists for queried driver, or Ad hoc/periodic check on driver. These queries require drivers to give electronic consent through the Clearinghouse website. A driver will have to login to his/her individual account and give you permission to run a full query.
If a driver at any point refuses to give consent, you are to remove him/her from safety sensitive duties.
Below are some FAQ’s answered by FMCSA:
Will violations that occurred prior to January 6, 2020, be reported to the Clearinghouse? ─ No, only violations that occur on January 6, 2020, or later.
How long is the violation information retained in the Clearinghouse? ─ 5 years, unless the RTD and follow-up testing is not completed (will be retained indefinitely until follow-up testing is successfully completed).
Will a prospective employee’s drug and alcohol violation history with other DOT modes be available in the Clearinghouse? ─ No, the Clearinghouse will contain only drug and alcohol program violation information for employees subject to the testing requirements under the Federal Motor Carrier Safety Regulations in 49 CFR part 382.
Will every driver need to register in the Clearinghouse? ─ No. A driver will only need to register if they need to provide consent to the employer in the Clearinghouse for pre-employment/full queries. ─ If a driver is currently with an employer, never incurs a drug or alcohol violation, and never seeks other employment, then the driver does not need to register in the Clearinghouse.
Can an employer register their drivers in the Clearinghouse? ─ No. Each individual driver will need to register himself or herself. Registration and login will require users to complete the verification process
Are employers of non-CDL drivers who operate CMVs required to query or report violations to the Clearinghouse? ─ No. Only employers who employ drivers subject to Parts 382 and 383 must query or report information to the Clearinghouse.
Can an employer or MRO enter a drug and alcohol program violation if the driver is not registered for the Clearinghouse? ─ Yes. The Clearinghouse will associate the violation with a driver’s CDL information. This will be recorded even if the driver has not registered for the Clearinghouse.
Will the employer be notified if a new violation is recorded on previously queried driver? ─ The employer will receive a notification if a new violation was recorded in the Clearinghouse for the queried driver within 30 days of conducting a pre-employment query (30-day look back). ─ The employer must receive additional electronic consent from the driver before a full query can be conducted to view detailed violation information.
Will the employer receive notification of new violations within 30 days of all completed queries? ─ The employer will not receive a notification of new violations after completing a limited (including annual) query or ad hoc full query. ─ The employer will receive a notification if a new violation was recorded in the Clearinghouse for the queried driver within 30 days of conducting a pre-employment query (30-day look back).
If a driver is on the road and unable to access a computer, how can the driver access the Clearinghouse? ─ The Clearinghouse is mobile-friendly. The driver will be able to access the Clearinghouse from a smart phone, log in and view their information as well as provide consent and identify their substance abuse professional, if applicable
FMCSA’s website https://clearinghouse.fmcsa.dot.gov will be updated regularly with new information, including the factsheet and FAQs. In addition, you will be able to sign up for email updates.