Remote Workforce and Hiring!

Remote Hiring, Virtual Interview

As employers try to maintain their current workforce in healthy ways and look for new avenues for filling open positions during this pandemic, some employers have begun exploring opportunities of working remotely. We all know that a diverse, distributed team adds efficiency and improves the overall chances of success for a business. In times of crisis and uncertainty, it’s resilience that helps companies to emerge stronger on the other side. While remote hiring is in response to a short-term event, it may have long-term benefits for businesses and employees.

 

Hiring employees for remote positions requires a different set of interviewing and onboarding skills. However, there is one standard piece of pre-employment screening that should not change – a background check. A background check is one of the most effective recruiting tools for maintaining a safe and compliant workforce. Background checks help protect companies and their reputation, saves time and money by reducing turnover, helps mitigate risk, and provides confirmation of a candidate’s credentials and honesty.

 

We can help you! Our robust background screening system allows employers to run background checks, motor vehicle reports, I-9 verifications/E-Verify, credit reports, identity verifications, and more! We are here for you during these uncertain times. Let us help screen your staff so you can focus on what you do best!

 

Contact us for more information!

Federal Motor Carrier Safety Administration Issues Notice of Enforcement Discretion Determination: Random Controlled Substance and Alcohol Testing

18-Wheeler on Highway

“On March 13, 2020, the President declared a national emergency under 42 U.S.C. § 5191(b), related to the effects of Coronavirus Disease 2019 (COVID-19). The Federal Motor Carrier Safety Administration (FMCSA) is aware that the motor carrier industry continues to experience operational disruptions caused by the COVID-19 public health emergency. As the Nation engages in a phased re-opening, the pace of return to normal operations will vary across the country. In some regions of the United States, motor carrier employers subject to controlled substance (drug) and alcohol testing under 49 CFR part 382 may be unable to comply with certain testing requirements due to the ongoing impacts of the emergency.

“In recognition of these barriers to full compliance in some locations, the Agency may exercise discretion to determine not to enforce the minimum annual percentage random testing rates for drugs and alcohol, and the requirement that each employer ensure that the dates for administering random drug and alcohol tests are spread reasonably throughout the calendar year, as set forth in 49 CFR 382.305(b)(1) and (2) and 49 CFR 382.305(k), respectively. FMCSA emphasizes, however, that employers capable of meeting these requirements must continue to do so.

“Employers must continue to select drivers at the required rate of 50 percent of their average number of driver positions for controlled substances, and 10 percent for random alcohol testing during the calendar year 2020. If a test is unable to be completed due to the COVID-19 public health emergency, the motor carrier must maintain written documentation of the specific reasons for non-compliance. For example, employers should document closures or restricted use of testing facilities or the unavailability of testing personnel. Additionally, employers should document actions taken to identify alternative testing sites or other testing resources.

“Similarly, employers who are unable to ensure that the dates for administering random controlled substances and alcohol tests are spread reasonably throughout the calendar year should document the specific reasons why they did not meet this requirement. For example, in addition to the lack of available testing facilities or personnel, there may be other factors, such as prolonged or intermittent driver furloughs due to the impacts of COVID-19.

“The Agency issues this Notice to assure employers unable to fully comply with the requirements identified above that we will provide reasonable enforcement flexibility during this unprecedented pandemic, while also meeting FMCSA’s core safety mission. This Notice is not intended, and should not be perceived, as suspending the current random testing requirements.

“This Notice pertains to employers’ noncompliance, during calendar year 2020, with the random testing requirements described above. The Agency may exercise enforcement discretion in connection with motor carrier investigations occurring in calendar year 2021.

This Notice:

  1. Acknowledges the current and anticipated disruptions to the administration of drug and alcohol testing caused by the COVID-19 public health emergency;
  2. Considers the interests of public safety and the continuing need to free up medical supplies and facilities for the diagnosis and treatment of COVID-19;
  3. Requires that employers who are capable of complying with 49 CFR 382.305(b) and 49 CFR 382.305(k) must continue to do so; and
  4. Creates no individual rights of action and establishes no precedent for future determinations.”

 

Contact us if you have any questions!

Driver Qualification File Requirements

Files

Regulation 49 CFR 391 explains the minimum requirements for commercial motor vehicle drivers. Motor carriers are required to maintain a qualification file for each of their drivers. The following information will help you be certain that each driver qualification file is complete.

Initial Driver Qualifications File Requirements:

  • Driver’s Application for Employment – 49 CFR 391.21
    • Must retain for life of employment + 3 years after termination
  • Driver’s Road Test Certificate or Equivalent – 49 CFR 391.31(e)
    • Must retain for life of employment + 3 years after termination
  • Inquiry to Previous Employers: Safety Performance History Records Request – 49 CFR 391.23 (a)(1) and (b)
    • Must retain for life of employment + 3 years after termination
  • Safety Performance History Records: Driver Correction or Rebuttal (If applicable) – 49 CFR 391.23 (i)(2) and  49 CFR 391.23 (j)(3)
    • Must retain for life of employment + 3 years after termination
  • Inquiry To State Agencies for 3-Year Driving Record – 49 CFR 391.23 (a)(1) and (b)
    • Must retain for life of employment + 3 years after termination
  • Pre-Employment Drug and Alcohol Documents – 49 CFR 40.25(j); 49 CFR 382.301
    • Must retain for 1-Year for negative results and 5-years for verified positive drug test results

Ongoing Updates:

  • Inquiry To State Agencies for Driving Record – Annual – 49 CFR 391.25 (a) and (c)
    • Must retain for 3 years from the date of execution
  • Review of Driving Record – Annual – 49 CFR 391.25 (c) (2)
    • Must retain for 3 years from the date of execution
  • Driver’s Certificate of Violations – Annual – 49 CFR 391.27
    • Must retain for 3 years from the date of execution
  • Medical Examination Report and Medical Examiner’s Certificate – 49 CFR 391.43
    • Must retain for 3 years from the date of execution
  • Employer note verifying that medical examiner is listed on National Registry of Certified Medical Examiners – Non-CDL Drivers: 49 CFR 391.51 (b)(9)(I); CDL Drivers: 49 CFR 391.51 (b)(9)(ii)
    • Must retain for 3 years from the date of execution

The following additional documents are only required for certain types of drivers, or in specific situations. 

  • Entry-Level Driver Training Certificate – 49 CFR 380.509(b)
    • All CDL drivers with less than one year experience must provide this certificate.
      • Must retain for 3 years from the date of execution
  • Longer Combination Vehicle (LCV) Driver Training Certificate – 49 CFR 380.401
    • A driver must not operate an LCV unless the driver can produce an LCV Driver Training Certificate or an LCV Driver Training Certificate of Grandfathering
      • Must retain for life of employment + 3 years after termination
  • Multiple-Employer Drivers – 49 CFR 391.63
    • For drivers with multiple employers
      • Must retain for life of employment + 3 years after termination
  • Skill Performance Evaluation Certificate – 49 CFR 391.49
    • Must retain  for 3 years from date of execution

For more information on DOT compliance and workplace safety, contact us today at 1.800.452.0030!

CBD, Medical Marijuana, and Workplace Drug Testing!

During this training, you will learn about CBD Oils & Medical Marijuana and their impact on the workplace!

– CBD Oil vs. THC – what is the difference?

– Will CBD Oil products show up on a drug test?

– Medical Marijuana – Understanding the General Process

– Know Your State Laws

– Building Your Policy and Drug-Free Workplace Program- Important Considerations

– The Case Against Excluding Marijuana Testing From Your Substance Abuse Policy

 

2020 Webinar Schedule

Webinar

Below is our 2020 Webinar Schedule.  All of the webinars listed with an asterisk (*) beside the date are offered at no charge! All other webinars are $35 per attendee. If you would like to register, please contact us!

January 30th *                                                                                         2:00- 2:45 pm

CBD Oils and Medical Marijuana – Understanding the Impact on the Workplace

February 27th                                                                                          1:30- 3:30 pm

Reasonable Suspicion Supervisory Training- A Must!

March 31st                                                                                               1:30- 2:30 pm

Driver Qualification Files – Detailed Requirements, Processes, and Procedures

April 30th *                                                                                               2:00- 2:45 pm

Hair Testing, Oral Fluid Testing, and Urine Drug Testing – Finding the Best Fit

May 27th *                                                                                                2:00- 2:45 pm

Developing a non-DOT Testing Program – Adding a Non-DOT Testing Program to Your Existing DOT Testing Program

June 30th                                                                                                   2:00- 2:45 pm

FMCSA Vehicle Maintenance Recordkeeping and Preventive Maintenance Program – What is Required?

July 29th                                                                                                    2:00- 3:00 pm

DOT Drug Testing Programs – The Basics

August26th                                                                                               1:30- 2:30 pm

Hours of Service 101 – The Basics of Recordkeeping, Regulations, and Exemptions

September 30th *                                                                                   2:00- 2:45 pm

Substance Abuse and Addiction in the Workplace – the Impact on the Employer

October 28th *                                                                                         2:00- 2:45 pm

Behind the Scenes of the Medical Review Officer Process –What Really Happens

November 18th *                                                                                    2:00- 2:45 pm

Expanding your Drug Free Workplace Program –Reasons to Review Your Current Program Now

December 10th *                                                                                     2:00- 2:45 pm

Current Trends and Alerts in Substance Abuse

Understanding The FMCSA Clearinghouse!

In preparation for the upcoming FMCSA Drug & Alcohol Clearinghouse effective January 6, 2020, NTA offers:

  • Updated FMCSA Substance Abuse Policies and Driver Educational Materials to add the new component of FMCSR Part 382.601 (#12). These updates are included in the Annual Management Fee for existing clients.
    • Policies and Educational material can be purchased by non-clients for $50.00.
  • Important: Owner-operators are required to designate a Third Party Administrator (TPA) to manage their clearinghouse processes. Nationwide Testing Association Inc is your Third Party Administrator. If you need help registering and designating us as your TPA, please call our office.
    • Managing the clearinghouse process for owner-operators will be included in your annual management fee.

 

Our clients may choose to add the following package of services to their program. This package may be billed as a monthly, quarterly, or yearly subscription.

  • Full Queries run automatically after the completion of a pre-employment DOT drug test.
  • Annual Limited Queries run automatically on all drivers, either based on a predetermined date or scheduled with your annual MVR with Nationwide Testing Association.
  • Coordination, evaluation, and assistance with all required reporting.
  • Assistance in understanding and interpreting clearinghouse data.

Contact us today for more information!