TORRINGTON – Eastern Wyoming College (EWC) held a special, highly informative CDL presentation Thursday night at 6:30 p.m. for the enlightening purpose of ensuring safe and drug free work policies for all CDL drivers, students, instructors and business owners throughout Goshen County.

The evening included presenters and representatives of the Federal Motor Carrier Safety Administration (FMCSA), Addiction Counseling/Consultation Services (ACCA) Inc., AccuScreen Mobile Testing Services (ASMT) and Wyoming State Patrol (WSP).

In attendance was college CDL Director, Ed Kimes, as well as roughly a dozen CDL patrons interested in gaining sufficient knowledge of drug-free policies.

The presentation began with FMCSA representatives Hailee Freeman and Ed Lyons introducing proper drug and alcohol Clearinghouse registrations, queries and designations.

According to Freeman the entire goal is to keep all drivers on Wyoming roads safe and employed.

“An overview of the Clearinghouse is this has been in effect since January of 2020,” Freeman began. “This requires all employees of CDL drivers to register with Clearinghouse to find out if they have had any failed tests, or noncompliance with previous employment. We are trying to get safer roadways, which gives you all as employers a lot of power. Previously you would have no way of knowing if a former employer failed a drug test. Then you have to ask yourself is this a driver I really want driving for me, and trust my company with? That’s what the Clearinghouse is about.”

Freeman went on to explain crucial Clearinghouse rules and regulations that ensures CDL drivers stay employed, and business owners stay in operation.

“This applies to interstate and motor carriers, school bus drivers, construction equipment operators, limousine drivers, municipal vehicle drivers such as waste management and other organizations,” Freeman continued. “Government entities are not required to obtain a USDOT number, but you are required to register. You have to record and report CDL driver drug and alcohol program violations, positive tests, tests refusals and actual knowledge. With queries and designations, as an owner you are required to give them the authority to report information and violations for you. You cannot do it by yourself.”

According to the FMCSA Clearinghouse policies, a query is a check to ensure a CDL driver is not prohibited from performing safety-sensitive functions such as operating a commercial motor vehicle due to a drug/alcohol violation.

Furthermore all queries require consent by the driver, and is required for all newly hired CDL drivers. Annual query follows a rolling 12-month calendar in the event a driver refuses consent for any query, in which case it cannot be conducted. The driver is then prohibited from performing safety-sensitive functions for that employer. 

“They have to be registered and there’s only one time a negative gets put in, and that is the Return to Duty (RTD) test,” Lyons explained. “The employer is the only one who can do that. If the driver starts driving, has taken a test, but still has prohibited status now you’re done. The pre-employment drug testing goes hand-in-hand with this. As soon as you start driving them down the road you can do classroom material all you want, it’s only behind the wheel. Not being registered is a 5,000 dollar fine right off the top. I don’t fine for not being in the Clearinghouse, I fine for no pre-employment or annual query. Everything that we are doing here is to protect your assets. As long as you run your annual query and pre-employment, that’s what’s most important.”

The presentation continued with ACCS Substance Abuse Professional (SAP), Juanita Rodriguez.

In compliance with the FMCSA Clearinghouse, an employer is required to provide clients with a list of Department of Transportation (DOT) qualified SAPs, in which designation will evaluate and provide the proper recommendations for CDL education and treatment.

“I accidently stumbled into the world of DOT,” Rodriguez stated. “As a SAP it’s so intense, formal and detailed about what you have to do. I’ve been doing DOT work since 2003, long before Clearinghouse came along. Now I have a real good understanding with helping people find the process. My role and first priority as a trained SAP is to ensure public safety. I don’t care how long it takes to get back to work, but I am conscientious about both the employer and employee to make that happen. What is in their best interest? Education? Outpatient treatment? Intensive outpatient treatment? And do we help an employee overcome whatever is going on with substances?”

Rodriguez continued with the importance of a non-judgmental approach in working with employees that may struggle with alcohol or drug dependency. Rodriguez further commented on a healthy, yet reasonable role that responsibility takes when operating a large commercial vehicle and choosing personal freedom.

“They test for drugs and alcohol, and that is a mandate,” Rodriguez continued. “For the next five years you cannot drink or use substances. People say, ‘I’m a grown person and if I want to drink, I’m going to have a drink.’”

“You can drink, just don’t drive,” Rodriguez said. “You can smoke, just don’t drive. As long as you choose DOT work you have to adhere to what they are asking you to do, which is abstinence and safety. I’ve been doing this for a very long time, and the mandates are up to 60 months of testing. I mandate that because I am trying to protect you as an employer. If I were you as an employer, I would hold them accountable to pay for their testing. They have to have accountability in this. When you deal with addiction, as much as they want to care for you they care about the drug even more. No matter how many chances you give, they are going to give in. Random is random and it doesn’t matter if you’ve been sick, on vacation or if it helps manage pain.”

Despite speaking of high expectations and low tolerance for alcohol/drug use of any kind for CDL employees/employers, Rodriguez spoke of realistic understanding in order to ensure long-term prosperity for both drivers and business owners.

“You need employees, and they need a job. They need help to understand a plan in place. I always talk to drivers about having a good wellness plan, hopefully services are referred to and they are making better decisions for themselves. Make sure your drivers know they have to be registered in the Clearinghouse. Also, the SAP that you choose has to be in the Clearinghouse. I try to help you guys and help them. We do 60 months of testing to hold them accountable. I don’t necessarily agree with that, but I go by their history and what they need. You have to know what you are ingesting. If you are looking at ingredients and it says 100 percent of something, you are going to test positive. You have to pay attention, and that’s what I talk to drivers about. We do what we do to get them back to work, and do what’s needs to be done.”

The presentations ended for the night at 8:45 p.m.

For further information or questions regarding FMCSA Clearinghouse, visitwww.fmcsa.dot.gov.

For further information or questions regarding ACCS Inc., visit www.accsinc.net or call 308-633-1390.

For further information or questions regarding AccuScreen Mobile Drug Testing Services, visit www.acuscreendrugtesting.com or call 307-545-3784.