NOTICE: This form is made available to monthly account holders by NIC on behalf of the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA Account holders are required by federal law to obtain an Applicant's written or electronic consent prior to accessing the Applicant's PSP report. Further, account holders are required by FMCSA to use the language contained in the Disclosure and Authorization form to obtain an Applicant's consent. The language must be used in whole, exactly as provided. Further, the language on this form must exist as one stand-alone document. The language may NOT be included with other consent forms or any other language. NOTICE: The prospective employment concept referenced in this form contemplates the definition of "employee" contained at 49 C.F.R. 383.5 Last Updated 11/12/2020
DOT Drug & Alcohol Policy Addendum
Effective Date: 1/6/2020
Any commercial motor vehicle driver for Sparhawk Trucking Inc.
(herein referred to as the “Company”) who is subject to the FMCSA’s drug and alcohol testing regulations in 49 CFR Part 382 must also comply with the CDL Driver Drug & Alcohol Clearinghouse regulations in Part 382, Subpart G. The Clearinghouse is an online database providing employers and enforcement agencies with information about drivers who have violated Federal Motor Carrier Safety
Administration (FMCSA) controlled substances (“drug”) or alcohol testing rules. The Company is prohibited from using a driver to perform safety-sensitive functions if at any time the Company obtains information from the Clearinghouse indicating that the driver has committed a testing violation and has not completed the return-to-duty process as outlined in the Company’s DOT Drug & Alcohol Policy.
Drivers will be notified by FMCSA when the Company obtains information from the Clearinghouse, or when information concerning the driver is added, revised, or removed.
Reporting: For any driver subject to the Clearinghouse rules, the following violations occurring, or milestones reached, on or after January 6, 2020, will be reported to the Clearinghouse by the Company, its service providers, its Medical Review Officer(s), and/or its Substance Abuse Professional(s) as
required by FMCSA regulation:
• Any verified positive, adulterated, or substituted DOT drug test
• Any confirmed DOT alcohol test result of 0.04 or higher
• Any refusal to submit to a DOT-required drug or alcohol test
• Any verified and documented “actual knowledge” that the driver violated the DOT drug or alcohol rules, including:
o Any on-duty alcohol use, including any citation for driving under the influence of alcohol (DUI/DWI) while driving a commercial motor vehicle
o Any alcohol use within 4 hours before going on duty
o Any alcohol use within 8 hours of an accident or before a post-accident test is complete (whichever occurs first)
o Any prohibited drug use while on duty
• Successful completion of the return-to-duty process following treatment*
• Any negative DOT return-to-duty test*
• Successful completion of follow-up testing*
*Only reported if the underlying violation occurred on or after January 6, 2020.
Each report to the Clearinghouse will include the driver’s name, date of birth, commercial driver’s license number, and state of issuance, in addition to violation and/or testing information.
Queries: The Company will purchase reports (“queries”) from the Clearinghouse at the following times:
• Annually for all drivers, and
• Prior to employment of any new drivers.
Granting of Consent: Drivers must grant consent for the Company to purchase Clearinghouse reports as follows:
• Drivers must create a Clearinghouse account and log in to grant the Company consent to obtain a “full” report prior to employment with the Company.
• Drivers must sign a separate “Consent for Limited Queries” form granting the Company access to “limited” queries obtained annually. Drivers have the right to limit the length of time for which such consent is valid but making it valid for the length of employment with the Company is recommended.
• If a limited query reveals that the Clearinghouse contains information about a driver, the Company will inform the driver that he or she must immediately log in to the Clearinghouse to grant consent for the Company to obtain the driver’s full Clearinghouse record. Such record will be obtained within 24 hours of the limited query. Drivers who refuse to grant the consent described above will be removed from all safety-sensitive functions as defined in §382.107. Safety-sensitive functions will not be allowed to resume until the driver has granted the required consent, the Company obtains the required Clearinghouse report, and the Clearinghouse report shows that the driver is eligible to perform safetysensitive functions.
Notice of Violations: Drivers must notify the Company in writing if they have violated the drug and/or alcohol prohibitions of 49 CFR Parts 40 or 382 under the testing program of any other employer. The notification must be received before the end of the business day following the day the driver received
notice of the violation, or prior to performing any safety-sensitive function, whichever comes first.
Driver Accounts: Drivers who do not yet have a Clearinghouse account are encouraged to create one online at clearinghouse.fmcsa.dot.gov, and are highly encouraged to provide an email address at which to be contacted. Drivers are permitted to see their own Clearinghouse records free of charge and may
challenge the accuracy of information reported to the Clearinghouse, but not the accuracy of test results or refusals, using the procedures contained in §382.717.
Use of Information: The Company will use a driver’s information from the Clearinghouse only to determine if the driver is prohibited from performing safety-sensitive functions. The Company will not divulge, nor permit any other person or entity to divulge, any driver-specific information from the Clearinghouse to any person or entity not directly involved in making such determination.
I acknowledge that I have received a copy of the Company’s Addendum to its DOT Drug & Alcohol Policy dated; January 6, 2020.