The Federal Motor Carrier Safety Administration is studying whether medical review officers and employers should be required to report positive drug tests on commercial driver’s license holders to the drivers’ state departments of transportation. The study was mandated by the 1999 motor carrier safety law. In addition, FMCSA is considering whether employers should be able to obtain a driver’s prior drug test information from the state before hiring him to drive.
Among the issues FMCSA is considering in the study are benefits and cost; maintaining confidentiality; whether drivers should be allowed to correct records or expunge information; who should have access to a drug report database and under what conditions; and whether such a database, if created, should be centralized or unique for each state.
FMCSA last month sought comments on these and other issues by Aug. 8, but it’s possible that the agency will extend the comment period or consider late-filed comments. For a copy of FMCSA’s notice and to review comments submitted, visit this site and search Docket No. 9664.