Drug and Alcohol Clearinghouse Requirements; Driver Qualification Requirements: Waste Management Holdings, Inc.; Application for Exemptions

Abstract

FMCSA announces its decision to grant in part and deny in part the exemption application from Waste Management Holdings, Inc. (WM) for a period of two years. FMCSA grants WM's request for limited relief from certain driver qualification requirements to allow WM to use the exception for a "single-employer driver" when it transfers drivers among affiliates. FMCSA also grants a limited exemption from the requirement for the driver to undergo controlled substances testing when being transferred among affiliates if the driver has participated in a WM random controlled substances testing pool for any WM-affiliated employer for the previous 12 months. Finally, FMCSA grants an exemption to allow WM to conduct a limited, rather than full, Clearinghouse query when transferring drivers among affiliates. FMCSA denies WM's request for broad exemptions from the pre-employment controlled substance testing and Clearinghouse requirements. FMCSA concludes that the exemptions will likely achieve a level of safety equivalent to or greater than the level of safety that would be achieved absent the exemptions.