Analysis: Reported increase in Clearinghouse drug test violations misleading

Several trucking publications recently reported a 10% surge in FMCSA-reported drug test violations from 2020 to 2021.

However, FMCSA confirmed with Land Line that comparing the numbers from its December 2021 Drug & Alcohol Clearinghouse report with the number of 2020 violations can be problematic.

According to the December 2021 Clearinghouse report, there were 58,215 drug violations in 2021 compared to 52,810 in 2020. But looking at these numbers alone leaves out the facts that it doesn’t include the number of tests given each year and that the 2021 numbers are still preliminary.

“Looking at the fact there were more violations reported doesn’t mean much unless the number of tests conducted is known,” an FMCSA spokesperson wrote. “For example, the economy picked up and potentially more tests were conducted as more drivers were hired. The positive rate from the conducted tests is the real indicator, which lead to ‘Are a greater percentage of drivers who are tested testing positive?’ That is hard to determine by looking at only the Clearinghouse data.”

Considering that shutdowns from the COVID-19 pandemic reached their height in 2020 and that the Clearinghouse just started, fewer tests were conducted.

“It is difficult to compare the number of positives between 2020 and 2021,” FMCSA wrote. “Several factors may have contributed to the lower numbers in 2020. For example, the Clearinghouse was implemented in January 2020. Impacted users may not have been aware of the requirements to report drug and alcohol program violations. In addition, COVID-19 impacted the economy and driver hiring – reducing testing.”

The Clearinghouse monthly report doesn’t reflect the total number of tests conducted. The agency said it knows there were more pre-employment queries conducted by employers in 2021 than in 2020. But the number of pre-employment queries should not be used as a one-for-one comparison for the number of pre-employment tests as many employers do not conduct a test if the query determines a driver is prohibited.

“Simply reporting a number that violations are up doesn’t really mean anything,” said Andrew King of the OOIDA Foundation. “Because if there are more people entering the industry, then there are probably going to be more positive tests.”

It also is worth noting that the number of drug test violations reported for 2020 has decreased in the past year. According to the December 2020 Clearinghouse report, there were 54,955 drug violations in 2020. With alcohol included, there were a total of 56,158 violations reported.

Fast forward to the December 2021 report and the number of drug violations for 2020 had been reduced to 52,810.

“Several reasons could contribute to the updated total violations for 2020 as reflected in the December 2021 report,” FMCSA wrote. “For example, drivers may petition FMCSA to remove inaccurately reported violations (date entry error, administrative errors, etc.).”

Until November 2021, drivers were able to petition of the removal of a DUI while operating a commercial motor vehicle that did not result in a conviction. It is reasonable to assume the number of 2021 violations also will decrease over the next year.

Based off Motor Carrier Management Information System data suggesting that there are more than 5.1 million truck drivers under the authority of the FMCSA, 58,215 violations represents about 1.1% of the available driver pool.” LL