YEAR IN REVIEW: JULY-DECEMBER 2004

Substantial changes to the regulations occurred in the second half of 2004, including significant changes to the requirements for hiring a driver.

Last week we discussed changes to the regulations that occurred during the first half of 2004. In this issue, part two of two, we will discuss the important changes that occurred in the later half of 2004. Perhaps the most significant changes were those made to 49 CFR Part 391. These changes redefined the entire process of hiring a new commercial motor vehicle driver.

SUBSTANTIAL CHANGES TO THE REQUIREMENTS FOR HIRING A DRIVER BECAME EFFECTIVE, September 10, 2004 The new Part 391 regulations became effective on October 30, 2004. These new regulations significantly changed the process of hiring a driver and afford drivers many new rights. In this issue we discussed what specifically an employer must to do to comply. We also offered options for compliance that included our newly developed compliance products and services for meeting the Part 391 requirements. [See our new training products for both hiring a new driver and for complying with the new post-employment requirements. We also have 391-compliant forms and folders as well as initial screening and new hire paks].

CHANGES TO MEDICAL EXAMS AND FORMS, August 20, 2004 The regulation changes we discussed in this issue came as a result of a medical study on hypertension. Three regulations changed as a result of the study. Changes included new instructions for the Medical Examiner to follow during a driver physical, new reporting procedures for blood pressure readings (including a revised Medical Examination Report form) and changes to the expiration dates of medical certificates for certain drivers. Old medical forms are not compliant.

CURRENT HOURS-OF-SERVICE REGULATIONS TO REMAIN IN EFFECT TEMPORARILY, October 1, 2004 In this issue we told you about a vote by Congress to keep the hours-of-service regulations effective January 4, 2004 instituted until new regulations can be drafted. The current regulations allow more driving time, but also require drivers to get more rest. The hours-of-service regulations were a "hot button" issue throughout 2004. As a result of the vote by Congress, the current regulations will remain in effect until September 30, 2005 or until new regulations are finalized, whichever comes first.

NEW PART 40 INTERPRETATIONS, July 2, 2004 Two new interpretations were issued to clarify potential conflicts between the existing 49 CFR Part 40 and changes to Part 391. The first interpretation dealt with the conflict between the Part 40 two-year requirement for checking a driver drug and alcohol history vs. the Part 391 requirement of three years. The second interpretation addressed the responsibilities of the Medical Review Officer (MRO), the employer and the employee when no laboratory is available to test the employees split specimen for an adulterant.

MANDATORY SAFETY PERMITS FOR CERTAIN DRIVERS, July 9, 2004 In this issue we discussed a final rule requiring national safety permits for certain motor carriers. Under this new rule (effective January 1, 2005) motor carriers are required to obtain a national safety permit in order to transport certain hazardous materials. National safety permits are required in addition to state permits and must be maintained for a period of two years.

WHY ARE SOME INDIVIDUALS RANDOMLY SELECTED MORE OFTEN THAN YOU WOULD EXPECT, December 10, 2004 For this issue we discussed a topic that comes up quite frequently: some individuals being selected for random testing more than others. We discussed how the random selection process works and included a chart to demonstrate the percentage of selections on a quarterly basis over a five-year period. Also discussed were things not to do to try and distribute random selections more evenly (this would cause your drug and alcohol program to be out-of-compliance with DOT regulations). Lastly, we offered assistance to our clients in explaining how the random selection process work to employees who feel that they are being "picked on" or selected more often than others.

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