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have no information. It’s going to have   Registering in the Clearinghouse,   “The other thing to consider is
        to come from somewhere, or rather,   for drivers, is not a submission to   how, once he registers, then it makes
        someone.                           drug testing. They already submit to   him more employable. Because all you
            Though multiple parties will have   that if they are commercially driving.   guys are going to change your hiring
        access to the Clearinghouse, only   Registering means having the oppor-  practices, right? One of your first ques-
        FMCSA and carriers will get complete   tunity to consent to sharing the test   tions is going to be, ‘Are you registered
        access to information. State driver   results. If drivers are not looking for   with the Clearinghouse? Because I can't
        licensing agencies and law enforce-  another job, where they will need to   hire you if you're not.’ So if all your
        ment will be able to see if a driver is   consent to a pre-employment query of   drivers are registered, what does that do
        eligible to drive, but no other                                             with the pool? So I think car-
        details. Medical review offi-                                                riers are going to make a lot
        cers (MROs) will be able to                                                  of different decisions in this
        submit drug test results, and                                                space, and that's on you guys.”
        substance abuse professionals                                                    If one of a carrier’s unreg-
        (SAPs) will be able to submit                                                istered drivers tests positive,
        return-to-duty assessments                                                   his results can still be reported
        and eligibility for return-to-                                               to the Clearinghouse with-
        duty testing. MROs and SAPs                                                  out registering. But within 24
        can both submit and verify,                                                  hours carriers will be required
        but cannot view, information                                                 to attempt to pull a full query
        in the database. Drivers will                                                of that driver. Full queries
        just have access to their own                                                require consent through the
        records and be able to verify                                                Clearinghouse. If the driver
        accuracy.                                                                    isn’t registered, a letter will be
            All carriers with driv-                                                  typed, printed, put in an enve-
        ers operating in the U.S. can                                                lope, sent to the address on his
        start registering for the clear-                                             CDL. It’s a very slow process for
        inghouse today by visiting                                                   everyone involved.
        clearinghouse.fmcsa.dot.gov/                                                     An attendee asked Garney,
        Register.                                                                    “What if a driver doesn’t have
            “I consider it a push and a                                              an email address?”
        pull system,” he said. “Motor                                                    The registration process
        carriers both have to pull                                                   includes multistep verification,
        information out, that's what                                                 and the second step is for the
        most people are pretty familiar                                              registrant to verify through
        with, but we have also got to                                                email. If there is no email,
        put most of the information in                                               the second step becomes ana-
        there as well.”                                                              logue with the letter, envelope,
                                                                                     stamp, mail truck, etc.
        DRIVER REQUIREMENTS                their past tests and never incur a drug   For new drivers, Garney suggested
            Drivers have a part to play as well.   and alcohol violation, then they may   that carriers require potential hires to
            The Clearinghouse only applies to   not even need to register.    register before going too far down the
        commercial driver license (CDL) hold-  “If you've got an A+ driver, he might   recruiting process to ensure a quicker
        ers. Carriers may randomly test com-  not ever need to register if you feel pretty   process.
        mercial motor vehicle (CMV) drivers in   good about that. Now if he pops positive,
        their companies who operate non-CDL   there's going to be a bit of a rigmarole to  THE PUSH
        equipment, but carriers will not share   get him registered,” Garney said.  Garney refers to actions in the
        that information in the Clearinghouse.  Carriers can choose to have policies   Clearinghouse as the push and pull. It’s
             The loophole some drivers found   requiring all of their currently employed   pushing information in to share. It’s
        was that they never had to tell a new   drivers to register so that if there’s a   pulling information out to verify that
        employer that they failed a previous   violation, the process for reporting and   your drivers are eligible to drive.
        drug test. In the Clearinghouse, driv-  reviewing information is easier, but   He believes the push is the part
        ers will have to consent to your queries   there’s a drawback to this, according to   that will take some carriers by surprise
        about their testing history.       Garney.                                                          

        ARKANSAS TRUCKING REPORT  |  Issue 5 2019                                                                 17
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