馃攳
Owner Operator Rules & Requirements In The FMCSA Clearinghouse (DACH for Owner Operators) - YouTube
Channel: Clearinghouse Services
[0]
Welcome back to the Clearinghouse
Services Video series.
[4]
In this video we鈥檒l be talking about Owner
Operators - who they are and what defines
[9]
them, and what their responsibilities
are in the FMCSA Clearinghouse.
[14]
The Clearinghouse is a secure, online
database that will give employers
[19]
and other authorized users real-time
information about drug and alcohol
[23]
program violations for commercial
driver鈥檚 license {CDL} and commercial
[27]
learner鈥檚 permit {CLP} holders.
[31]
An owner-operator is any
employer who employs himself
[38]
or herself as a CDL driver.
[40]
For the sake of the Clearinghouse,
this includes all owners that
[44]
also drive, not just the typical
one truck one driver operation.
[50]
Owner-operators are subject to the
requirements pertaining to employers
[54]
as well as those pertaining to drivers.
[57]
There are some functions the
owner operator can do themselves
[61]
in the Clearinghouse and some
functions are required to be
[70]
performed by a Consortium/Third
Party Administrator [C/TPA].
[82]
Register in the Clearinghouse.
[84]
Owner operators register first
as an employer not a driver.
[89]
Once registered the owner operator
enters his or her driver information.
[94]
Designate a C/TPA, as there are some
tasks for the owner operator that
[100]
must be performed by the C/TPA; the
owner operator must designate a C/TPA.
[109]
Select and purchase a
[110]
. For the single unit owner operator
we recommend a minimum query
[111]
plan of 2 queries to begin with.
[118]
These are $1.25 each.
[122]
If an owner-operator commits a
drug and alcohol program violation,
[131]
this information must be reported
on their behalf by the C/TPA.
[146]
Report negative return to duty {RTD} test
results and the successful completion
[150]
of a driver鈥檚 follow-up testing plan.
[154]
Violation information about other
drivers employed by the owner operator.
[159]
Conduct queries to check if prospective
employees are prohibited from performing
[164]
safety-sensitive functions, such as
operating CMVs, due to an unresolved
[169]
drug and alcohol program violation.
[173]
Perform at least annually a query on all
drivers including the owner operator.
[179]
Until January 6, 2023, conduct
both electronic queries in the
[184]
Clearinghouse and manual, offline
inquiries to previous employers for
[189]
pre-employment driver investigations.
[192]
For owner operators and all FMCSA
regulated companies it is very
[197]
important to not assume that a C/TPA
will perform tasks on your behalf.
[203]
You must communicate with the
C/TPA about what services you
[207]
are hiring them to perform.
[209]
There should be a written agreement.
[212]
All positive drug test results
will be reported by the Medical
[222]
Review Officer {MRO} who
reviewed and verified the result.
[226]
Medical Review Officers {MROs} will be
required to report verified positive,
[231]
adulterated, or substituted controlled
substances test results, as well
[236]
as refusals to take a drug test.
[239]
This must occur within 2 business days
of the verification or determination.
[244]
Within 1 business day of making any
change to the results report, the
[248]
MRO must report that changed result.
[252]
Drivers will be required to log into
the Clearinghouse and provide electronic
[260]
consent before a current or prospective
employer can conduct a full query
[265]
of a driver鈥檚 Clearinghouse record.
[267]
The pre-employment query
is always a full query.
[271]
The annual required can be a limited
query and consent can be on a paper form.
[277]
If a limited query returns that
records were found, a full query must
[282]
be conducted on the driver within 24
hours, or the driver must be removed
[287]
from safety-sensitive functions.
[290]
Many Owner Operators find the new
requirements of the FMCSA Clearinghouse
[301]
to be a bit overwhelming - at best, just
one more thing that needs to be done
[305]
to stay in compliance and on the road.
[308]
Contact
[309]
for expert, professional assistance
in navigating the FMCSA Clearinghouse.
[316]
Don鈥檛 go it alone!
[318]
Get affordable, professional
and expert help from
[322]
.
Thanks for taking the
time to watch this video.
[327]
If you found it helpful in any way, hit
that Like button and consider sharing
[331]
it with your friends and colleagues on
social, via email or even text message.
[337]
To stay updated with the
FMCSA Clearinghouse and other
[340]
helpful info, Subscribe to the
Clearinghouse Services channel.
Most Recent Videos:
You can go back to the homepage right here: Homepage