The training providers must teach driver-trainees the specifics of the roadside vehicle inspection process, and what to expect during this activity. The State must disqualify a driver as expeditiously as possible. The Director may conduct an investigation and request any documentation necessary to verify that the provider has complied with this subpart and completed the required corrective action s. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980, Public Law 96-354, 94 Stat. A commenter requested additional information about how notification would be delivered and what would happen if an employer claimed not to have received notification. In order to maintain a uniform reporting period applicable to employer reports, the reporting period in this rule applies to all reports made by employers, not just those requiring additional documentation. This instruction must include evasive steering, emergency braking, and off-road recovery, as well as the proper response to brake failures, tire blowouts, hydroplaning, and rollovers.
The table below presents these benefit totals. Nothing in this proposed change would have affected that. We refer to this type of query as a full query, meaning that the consent obtained grants the employer access to information about that driver. The principles and procedures for proper communications and the hazards of failure to signal properly, including: i Signaling intent, e. The number of commenters interested in conducting queries more often than once a year points to the opposite conclusion: That employers believe Clearinghouse queries will be a useful tool for identifying problem employees. The provider must submit documentation showing completion of any corrective action s identified in the notice of proposed removal or final notice of removal, as applicable. The Class B curriculum must, at a minimum, include the following: Theory Instruction Section B1.
This disqualification period must be in addition to any other previous period of disqualification. Start Printed Page 87702 Reporting Refusals To Test Comment. Laboratories' Duty To Report Controlled Substances Test Results § 382. On the other hand, we acknowledge that unscrupulous employers could, as the commenter described, attempt to use the Clearinghouse for purposes of coercion or harassment when reporting a test refusal. In addition, we added an exception pertaining to drivers who are subject to follow-up testing who have not completed their follow-up testing plan.
Another seemed to have misunderstood this section, believing that drivers had only 30 days to submit a petition. They must also know how to prevent or respond to brake failures, tire blowouts, hydroplaning, and rollovers. The goal of the annual query, which is mandated by Congress see a f 4 , is to make employers aware of drug and alcohol violations a driver may have incurred while working for another employer or in connection with pre-employment testing with a prospective employer. The purpose of this change is to require employers, as a part of their educational materials, to notify drivers that drug and alcohol test information Start Printed Page 87696will be reported to the Clearinghouse. In today's rule, the only exception to this requirement is for training providers who provide theory training exclusively online. The training providers must instruct driver-trainees in post-crash testing requirements related to controlled substances and alcohol.
Changes implemented in this final rule require employers to designate any other service agents authorized to enter information on the employer's behalf as well. A commenter asked whether the annual query could be conducted at the same time as other required annual checks. We updated the language in this section to make clear that the employee grants consent for the employer to view information about all of the driver's part 382, subpart B drug and alcohol violations, including those based on the employer's actual knowledge, as well as return-to-duty information. Assistance for Small Entities D. Baker, Charles DiMaggio, Melissa McCarthy, George W.
The Director of the Office of the Federal Register has approved the materials incorporated by reference in accordance with 5 U. Federal Motor Carrier Safety Administration Department of Transportation Subchapter B Federal Motor Carrier Safety Regulations Part 384. Comments: Commenters strongly supported the concept of training provider self-certification. Hazardous Materials Endorsement Training 21. A number of commenters opposed this change. This rule applies to entities that train entry-level drivers, also referred to herein as driver-trainees.
This means that a driver submitting applications to more than one employer could have a positive pre-employment drug test without other employers' knowledge. The appendix to part 380 is redesignated as appendix F to part 380. Subpart G is added to read as follows: End Amendment Part Subpart G—Registry of Entry-Level Driver Training Providers Scope. This rule provides for a 14-day resolution period when a request for expedited treatment is granted in accordance with § 382. For example, simulation devices can allow a driver to better understand how to react in potentially hazardous situations, which cannot be prudently demonstrated on a public road.
That section previously required employers to request drug and alcohol testing information from an employee's employers during the preceding 2 years. In paragraph e , we expanded the responsibility for reporting information to the Clearinghouse truthfully and accurately by prohibiting anyone from reporting information he or she should know is false or inaccurate. The types of mirrors and their use are shown, and cones used to demonstrate the requirements of. As we continue to raise the severity of the consequences for unsafe conduct behind the wheel, drivers who wish to be productive participants in the industry should modify their behavior accordingly. Printed version: Publication Date: Agencies: Dates: This final rule is effective February 6, 2017. The Agency does not believe that this will cause any increased costs or burdens on owner-operators. These requirements are implemented to address concerns about coercion and harassment.
Preparations and procedures for night driving, including: i Night driving factors, e. They also amend the title of § 382. Two commenters stated that some drivers work for companies that are regulated by more than one mode and suggested that results of a test conducted under the authority of another mode be reported to the Clearinghouse. Consequently, duplicate reporting, in which the same test result is reported to the Clearinghouse by different sources, will not occur. No person or entity may share, distribute, publish, or otherwise release any information in the Clearinghouse except as specifically authorized by law.