Kathy Close, Editor - Transport Safety
March 8, 2022
1. Who is an owner-operator?
Owner-operators are employers that employ themselves as CDL drivers, typically a single-driver operation.
Owner-operators who are leased to another motor carrier are placed in the motor carrier’s DOT testing program.
Owner-operators who operate under their own authority (private or for-hire) must be in a consortium to satisfy the random testing rules and are subject to other sections of Part 382, including the CDL Drug and Alcohol Clearinghouse requirements in Subpart G.
2. Must owner-operators register with the Clearinghouse?
Yes, an owner-operator must create an account with the CDL Drug and Alcohol Clearinghouse.
Owner operators (self-employed CDL drivers) who operate under their own USDOT Number must register as both the driver and employer Clearinghouse roles. They may register as both roles at the same time or add their company information after registering as a driver. The owner-operator must designate a consortium/third-party administrator as a part of the Clearinghouse registration process.
Those owner-operators who are leased as drivers to other motor carriers would need to register as a driver at minimum. The motor carrier who is leasing the driver would assume the role of employer in the Clearinghouse.
3. How is information about an owner-operator reported to the Clearinghouse?
Medical review officers report failed drug tests, while substance abuse professionals report completed evaluations and successful treatment. This information is communicated to the Clearinghouse regardless of whether the owner-operator is leased or independent.
How the employer’s recordkeeping obligations (§382.705) are fulfilled is based on whether the owner-operator is working under someone else’s authority:
4. Are owner-operators exempt from Clearinghouse queries?
No. An owner-operator who is a single-driver operation must comply with the Clearinghouse requirements imposed on both employers and employees including the annual queries. These individuals may request queries through a Clearinghouse account as both employer and employee.
However, a consortium/third-party administrator (C/TPA) may be contracted to conduct the queries on behalf of the owner-operator. The C/TPA would have to be registered with the Clearinghouse as a service agent for the owner-operator to designate. However, the owner-operator must have a contract with the C/TPA since designating them alone does not guarantee the service.
If the owner-operator is leased to another motor carrier, the motor carrier assumes the employer role by requesting a pre-employment query when the lease begins. The carrier will also request an annual query if the owner-operator is with them for at least a year.
To learn how J. J. Keller can help manage your Drug & Alcohol Testing Program, contact us today at 888.473.4638.
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