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!

My Driver Failed A Drug Test, What Now?

Trucking

When a driver has a verified positive drug test or refuses to test, the driver must be removed from a safety-sensitive function immediately per 49 CFR 382.501. No employer shall permit any driver to perform safety-sensitive functions; including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Subpart B of this part or any alcohol or controlled substance rule of another DOT agency. The employer must present the driver with a list of Substance Abuse Professionals (SAPs) per 40.287. The list must be provided to the driver (or driver applicant) whether or not the carrier retains the driver in their employment. Retention of the driver would be based on the company policy.

In order to resume a safety-sensitive function, the driver must complete the Return-to-Duty Process of Subpart O of Part 40. The driver cannot perform a safety-sensitive function again until all the necessary steps are completed:

  1. The driver must seek a face-to-face evaluation from a SAP. (Payment of the evaluation is based on management-labor agreements and healthcare benefits and is not required of the employer under the FMCSRs.)
  2. The SAP will refer the driver to an appropriate treatment and education program.
  3. The driver must complete the required treatment and education and return to the SAP for another face-to-face evaluation.
  4. If the SAP is satisfied that the driver is able to return to driving, he/she will issue a report on his/her findings to the Designated Employer Representative.
  5. This report will list any continuing treatment and education, if required, and the number of DOT follow-up drug and/or alcohol tests required in a given time frame. The driver will be required to have a minimum of six unannounced follow-up tests in the first 12 months following the employee’s return to a safety-sensitive function. The SAP may require follow-up testing for up to five years.
  6. The driver now can go, and not prior to this point, for a return-to-duty drug and/or alcohol test. The employer must wait for the go ahead from the SAP before sending the driver in for the return-to-duty test. A negative result must be received before the driver can return to a safety-sensitive function.

After the driver returns to a safety-sensitive function, the employer must send the driver for the required number of unannounced follow-up tests making sure that they do not have any discernible pattern.

All records relating to a DOT-drug and alcohol violation must be retained for five years per 382.401. If the driver leaves the motor carrier’s employment prior to the completion of the very last follow up test, this information must be supplied to the prospective employer per 40.25, and the next employer(s) must pick up where the process left off.

*Please note that follow up and return-to-duty tests are always directly observed.

If you have any questions about this process, please contact us!

Electronic Cigarettes & Vaping in the Workplace

Vaping

As the use of e-cigarettes grows, employers are faced with a new question: Do you allow vaping in the workplace? E-cigarettes are devices that can be used to deliver nicotine or other substances to the user. Recent trends show a significant increase in e-cigarettes being used to vape THC.

If a workplace vaping policy isn’t something your organization has addressed yet, consider making it a priority for the future. As an employer, you will want to consider the pros and cons of e-cigarette use and examine how it fits into your company’s culture and goals.

If you choose to implement a smoking/vaping policy, you should evaluate your current smoking policy for consistency with state and federal laws. Consider your company insurance plans (if applicable) when determining if a smoking/vaping policy is right for you!

If you make any changes to your policy, be sure to communicate them clearly and in advance with your employees by updating your handbook, posting, and distributing the new policy to employees. When you introduce the policy to your employees, have a discussion with them and provide them a resource within your organization that they can go to if they have questions.

For assistance developing a policy, contact us!