Page 18 - ATR 5 2019 digital

because of the workload. “Motor car- along with the status of the return-to- Washington D.C. every time you want
riers are going to have to figure out duty process. to hire a driver or once a year to check
how to best push information into the The limited query, or the annual their record,” Garney said.
clearinghouse as well as pull informa- query, only asks if there is information When a carrier learns from the
tion out. You'll reap the benefits when on the driver in the system. Limited limited query that there is a violation
you pull this information out. Your queries just alert carriers that a driver history on a driver, the carrier has
colleagues will reap the benefits when has had a violation history and signals 24 hours to pull the full query which
you push this information in. And the when a full query is needed. requires the driver’s consent. “If the
system doesn't work if everybody's not It's designed to easily and quickly driver fails to, they can't drive for you.
working at it.” check without providing access to per- Full stop. Can't drive. They could per-
What information will form other non safety sensitive
carriers be required to push functions if you'd like them to,
into the Clearinghouse? but they certainly can't drive,”
Refusals to test (when a Garney warned.
driver refuses to take drug
tests, refuses to stay for “IF THE DRIVER FAILS TO, THEY CAN'T COST OF KNOWING
the entire test), alcohol DRIVE FOR YOU. FULL STOP. CAN'T At first, there are going to
confirmation tests, actual DRIVE. THEY COULD PERFORM OTHER be redundant costs to pulling
knowledge reports (direct information. Just because the
observations of actual use, NON SAFETY SENSITIVE FUNCTIONS Clearinghouse will be empty
admission of drug use, IF YOU'D LIKE THEM TO, BUT THEY on Jan. 6, 2020 does not mean
information provided by a CERTAINLY CAN'T DRIVE.” you don’t have to query; it just
previous employer, a traf- means there won’t be com-
fic citation for driving a plete information delivered to
CMV under the influence) —SEAN GARNEY, VICE PRESIDENT OF you. Making the requests are
and negative return-to-duty SCOPELITIS TRANSPORTATION CONSULTING required on Day 1, but those
tests. requests won’t be fruitful until
In the event of a viola- carriers, MROs, SAPs start
tion, carriers have three uploading information.
business days to report it. Both full and limited que-
Positive drug test results can be upload- sonally identifiable information, which ries must be paid in advance and are
ed by MROs. Some violating reports will is a protected class of information. $1.25 each. If a limited query produces
require documentation. Times, dates, Limited queries have to be done annu- results and requires a carrier to then
emails, witnesses and other contempo- ally on all drivers starting Jan. 6, 2021. pull a full query, it’s free as long as the
raneous records are going to be impor- Garney says, they're designed to carrier full queries within the 24 hours.
tant. identify drivers who are job shopping At first, carriers will need to pay to
During the rulemaking process, or working for another employer. For query AND continue to run their previ-
driver advocacy groups were concerned example, “He's working for Jim, but he ous employer screenings on drug and
about carriers using actual knowledge wants to go work for Sandy. He applies alcohol at the same time.
threats as leverage for coercion, so those with Sandy; she makes him take a pre- The good news is that once carri-
reports should provide evidence and employment, but he fails. How are you ers start complying and pushing infor-
thorough documentation. Garney said, supposed to know that? Well techni- mation into the Clearinghouse, the
“I think they tried to be pretty litigious cally he's supposed to tell you, but does loopholes that previously plagued the
about the way that they handle actual he?” industry will start closing.
knowledge violations.” The penalty for carriers not pull- Most of the responsibility falls on
ing limited queries is a cancelled reg- carriers, but as Garney pointed out,
THE PULL istration to the Clearinghouse. “This “We stand to reap the biggest benefit,
The pull refers to two things: full undoubtedly will be a real pain in the too, along with society as a whole, by
queries and limited queries. neck for anybody that happens to, reducing accidents and eliminating
The full query, mandatory for pre- because if you get your registration can- unqualified drivers.” He emphasized
employment, reveals all of the data in celed or revoked, it doesn't mean you that the task is going to take concen-
the system on a particular driver. If don't have to use the Clearinghouse. tration and possibly creating company
they failed a test, when they failed and It just means that you can't. It means policies to get it right. ATR
for what are all included information, you're going to have to call somebody in

18 Issue 5 2019 | ARKANSAS TRUCKING REPORT