The tightness of the U.S. supply chain has drawn attention at the White House level. President Joe Biden has personally weighed in on related issues, with media headlines frequently focusing on the President's statements and the record number of ships anchored at Southern California ports. Some reports have highlighted truck driver supply as a prominent bottleneck.

Whether or not the shortage of port drayage drivers is the actual crux, the current situation has cast a large public spotlight on the shortage of truck drivers, a long-standing problem plaguing the freight industry. This adds new pressure on recruiting professionals, as they must contend with a chronic industry ailment.

"We estimate that the combination of fewer applicants and graduates from driving schools, the impact of the Drug and Alcohol Clearinghouse, and the shock of the pandemic has resulted in roughly 220,000 fewer drivers in the market, making it difficult to meet industry capacity needs," said Nick Hobbs, Chief Operating Officer of J.B. Hunt, during an earnings call in April.

FMCSA's Clearinghouse is approaching its second anniversary since going into effect, but the transportation industry is still digesting its initial impact. The COVID-19 pandemic has further complicated the situation.

"The Drug and Alcohol Clearinghouse... happened at the same time as the pandemic, and, you know, it removed tens of thousands of people from the driver pool who aren't coming back," said Marilyn Surber, transportation consultant at Tenstreet, a recruiting software company, in June.

Few companies would oppose disqualifying unsafe drivers. But not everyone agrees that the database has had a substantial impact on the depth of the talent pool.

The process seems faster, but is actually slower

An FMCSA spokesperson said in an email that the number of people removed from the available driver pool would be the same with or without the Clearinghouse. The agency has not changed its zero-tolerance stance on drug and alcohol issues.

The spokesperson noted that the Clearinghouse's actual function is to make it harder for drivers to bypass the regulatory system. In the past, a driver who failed a drug test at one company might have found it easier to apply to another fleet without disclosing the initial failure, because paperwork delays gave them an opportunity to slip through.

Digitization is expected to eventually speed up the process. But so far, the introduction of the new system has actually slowed down the hiring process—especially for fleets that did not have digital processes before.

Eily Cummings, director of corporate communications at UniGroup (whose brands include United Van Lines and Mayflower Transit), pointed out two reasons in June.

First, employers must review a driver's drug and alcohol history for the past three years, but the Clearinghouse has not been in operation for three years yet. Therefore, employers must use the old verification methods alongside the new database. This means both drivers and employers need to learn how to use the new system.

"Drivers need to get used to the new system," Cummings said. "Once drivers get past the learning curve, the experience will be much more positive."

On the surface, removing drivers would seem to hurt fleets that already select from a limited talent pool, Kyle Mitchin, Chief People Officer at Forward Air, told Transport Dive.

"But the reality is, those are unsafe drivers, and we don't want them anyway," Mitchin said. He added that the Clearinghouse has not significantly changed the fleet's hiring process—although it has added some extra work. "We need to focus on getting more qualified, good drivers into the talent pool."

Return-to-duty process

One reason the Clearinghouse is frequently mentioned in discussions about the driver pool is that it provides a concrete number showing how many drivers have been removed from the pool.

According to FMCSA's latest report, from the compliance date of January 6, 2020, through the end of October, the Clearinghouse reported a total of 103,364 violations. As of November 1, 75,337 drivers with violations were in prohibited status, meaning they are not qualified to work until they complete the return-to-duty process.

Before the Clearinghouse was established, drivers who failed drug tests also had to complete the return-to-duty process, which involves working with a Substance Abuse Professional (SAP). This process remains, but FMCSA's database highlights the importance of getting drivers to successfully complete the process and re-enter the talent pool.

Large fleets typically pay for the return-to-duty process and follow-up testing, especially when the workforce is unionized, said Jared Rosenthal, founder and CEO of Health Street. But at smaller companies, the responsibility for payment may fall on the driver.

"DOT regulations do not specify who is responsible for paying for drug testing; in other words, companies are not obligated to pay," Rosenthal said in an email. But he added that the rules do require trucking companies to ensure drivers comply with the return-to-duty process and follow-up testing requirements.

If drivers initiate the return-to-duty process on their own, they may encounter what Rosenthal calls "glitches" in the system. Drivers may turn to third parties like his company for testing when preparing to re-enter the job market. But not all third parties have the authority to "clear" a driver's record.

Clearinghouse restrictions stipulate that a current or prospective employer, or its designated consortium/third-party administrator, must be the party that reports a negative test result to the Clearinghouse. This can create an additional administrative burden for drivers.

"They have to find a Medical Review Officer (MRO) somehow," Rosenthal said in an interview. All DOT drug tests require an MRO's signature. "In theory, this shouldn't be difficult. But in practice, we see some friction, with drivers having trouble when trying to clear their records on their own."

Rosenthal said this is the only administrative issue he and his company have seen people complain about.

"When people move from one company to another and try to get cleared, there is indeed some disconnect," he said.

Surber said she believes the trucking industry must confront the return-to-duty process and find a solution that works for all stakeholders. Drivers may not fully understand what the process involves or what steps are needed for successful return to duty.

"What would that look like? How feasible is it? How do we work with insurance companies?" Surber said.

Even after drivers complete the process and can return to the applicant pool, employers may view them as less than ideal. Surber noted that carriers are risk-averse, and even if drivers have completed the process, they may still have reservations about putting someone with a violation record back behind the wheel.

"I think the question is, you know, looking at these different factors and asking yourself: 'Based on the information I have, what calculated risk can I take and make the best decision?'" Surber said.

But in any mandatory testing scenario, once a cannabis test comes back positive, it is in the industry's best interest to get drivers to successfully complete the return-to-duty process and safely return to the driver's seat.

"How do we educate (those drivers) so they know they can go through the return-to-duty process, and then how do we make this a real and viable path back to work for truck drivers?" Surber said.

The role of CDL schools

A driver's first exposure to DOT controlled substance requirements may be at a CDL school. But there are currently no federal standards for drug and alcohol training at CDL schools in the U.S. Curriculum can vary by state, said Bailey Wood, president and CEO of the Commercial Vehicle Training Association.

Roadmaster Drivers School has locations in nearly a dozen states. According to Principal Brad Ball, the school teaches drug and alcohol requirements, compliance, and regulations through informational slides in classroom presentations and instructor-led training.

"But at Roadmaster, from pre-enrollment through training and graduation, there is a continuous, repeated message emphasizing that trucking is a drug-free industry," Ball said in an email.

However, by February 7, 2022, federal standards will be in place. That is when FMCSA's Entry-Level Driver Training (ELDT) regulation takes effect.

The rule sets a baseline of training requirements for new drivers; it is not retroactive. It includes requirements on drugs and alcohol:

"This unit must teach the driver-trainee the rules applicable to controlled substances, including prescription drugs, and alcohol use and testing, as they relate to the operation of a commercial motor vehicle (CMV)," the rule states.

While CDL schools will equip drivers with the knowledge needed to comply with the law, there is only so much they can do—they cannot help drivers get past the Clearinghouse hurdle and into the pool of qualified workers.

FMCSA requires drivers to undergo drug testing before obtaining a commercial learner's permit, Wood said. Many schools drug-test students before the course begins to avoid wasting resources and producing drivers who cannot be hired.

But Wood noted that while CDL schools can arrange the first test, they cannot easily assist with the testing required by the Clearinghouse. FMCSA's Clearinghouse regulations are primarily designed for employers, and there is legal precedent clarifying that schools do not qualify as employers.

Wood and his organization are working to obtain clarification from FMCSA on what role schools can play in the Clearinghouse ecosystem.

"If a person ultimately cannot obtain a commercial driver's license, then sending them to school and paying for their education... doesn't make sense," Wood said. "So, we are currently in discussions with the Federal Motor Carrier Safety Administration to determine the next steps."