Recent Articles

By Peggy Morrison, 07/01/2020
In light of the COVID-19 pandemic, CMS has established a COVID-19 Focused Survey for Nursing Homes with the expectation that all nursing homes are inspected to ensure appropriate infection control practices are in place to prevent the spread and transmission of COVID-19. According to Quality Certification &...
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By Christine Olmsted, 06/30/2020
The energy industry is one of the top 10 industries targeted for cyberattacks. Increased use of automation systems and the migration of sensitive information to the cloud has helped oil and gas companies become more connected and competitive but these new technologies have also opened the door to cyber criminals...
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By Andy Engardio, 06/23/2020
Great news for motor carriers - the FMCSA’s Crash Preventability Determination Program (CPDP) will be pulling “Not Preventable Crashes” out of your CSA scores! Motor carriers participating in the CPDP will see their Safety Measurement System (SMS) information change within 60 days after the...
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By Cathy Knopf BSN, RN, 06/17/2020
After many months of closure, the nation is beginning to open. With this in mind, the Director of Quality, Safety and Oversight Group for CMS Center for Clinical Standards and Quality issued a memo providing recommendations for state and local officials to utilize while determining the level of mitigation needed...
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By Gina Ekstam, 06/15/2020
As a result of the pandemic, agribusiness operations face additional pressures and are: Rethinking and re-routing product delivery around restrictions Increasing direct or on-farm sales Refocusing resources (e.g., distilleries making hand sanitizer) Adjusting to new rules in order to continue operations...
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By Brock Baldwin, 06/02/2020
Let’s assume you’re a federal contractor and you’ve found the perfect job to bid. You’re capable and competitive so it should be a cake walk. Not so much. The only issue is that the solicitation says that performance and payment bonds will be required. If you’ve never been bonded...
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By Guy Sansom, 05/27/2020
Ever since ship owners first started meeting at Edward Lloyd’s coffee house over 300 years ago, insurance in London, particularly Lloyd’s, has been conducted on a face-to-face basis. In truth, this has provided London underwriters and brokers a distinct advantage. No matter the size or complexity of a...
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By Cathy Knopf, 05/26/2020
The 2020 monthly webinars focus on best practice approaches, regulatory updates, operational and risk management techniques to help senior living communities better care for their residents and staff while protecting their business. We invite you to join our specialists at these upcoming exclusive...
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By Ashley Johnson, Lisa Salter, 05/18/2020
While COVID-19 continues to impact our economy, business income coverage, sometimes referred to as business interruption coverage, has become a widely popular topic in the insurance industry. As many business owners struggle to keep their businesses afloat, several questions have emerged on how insurance policies...
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Under normal circumstances, maintaining appropriate nursing staff levels to deliver quality resident care is a daily struggle. Add in severe weather, flu outbreak or a pandemic and the scales are tipped. Traditionally, senior living healthcare communities shy away from utilizing agency nursing staff due to high...
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Breaking Down the New Clearinghouse Requirements
01/22/2020

The Drug and Alcohol Clearinghouse has launched. Do you understand what is required? Since it opened on January 6, 2020, it’s important for motor carriers to understand the reporting requirements.  Step one: motor carriers can register here. Consider these next steps and basic requirements:

New Hire CDL Drivers

  • When you receive a new CDL driver application, you should ask the driver if they are registered in the Clearinghouse
    • If the answer is NO: provide them with the “Clearinghouse Registration Driver” form to make the inquiry process easier
    • If they do not sign up, the authorization will be snail mailed to the last address attached to their driver’s license.  They will then have to mail back authorization to the Clearinghouse which will take several weeks.
  • A Driver can NOT perform a safety-sensitive function until a clean response is provided by the Clearinghouse. (Safe to assume driving is a “safety-sensitive” function.)

Determining Who Needs to Register

  • If a CDL driver never plans to leave a motor carrier, he would not need to register.
    • The exception would be if the motor carrier has to run a full query on that driver because something appeared on his driving record during a limited query.
  • If a CDL driver plans to find a job with another carrier, he would need to register. 

Annual Requirements

  • A Motor Carrier is required to run a limited query on all drivers annually.  This requirement can be met with a Clearinghouse Consent form
    • All CDL drivers need to provide signed consent for the limited queries.
  • A full query is needed for all new hires, however after they are hired, they still need to provide written consent for the motor carrier to run limited queries.
    • This consent form should be kept in the secure Medical & Drug and Alcohol File NOT the DQ File.  We recommend the 3-file system:  DQ, Personnel, and Medical & Drug and Alcohol.
  • Per the sample, you can make the Consent form open ended on both number of limited queries run and time frame of employment / contractual obligation.

Additional Important Notes

  • A CDL driver refusing to authorize a full query should be removed from safety-sensitive functions. (Again, assume driving is a “sensitive-safety” function.)
  • Effective April 1, 2020, a new OOS violation will link the Clearinghouse with Roadside Inspectors.  More information to follow.
  • FMCSA regulations require employers to add language to their FMCSA drug and alcohol testing policies to notify drivers and driver applicants that the following information will be reported to the Clearinghouse:
    • A verified positive, adulterated, or substituted drug test result
    • An alcohol confirmation test with a concentration of 0.04 or higher
    • A refusal to submit to a drug or alcohol test
    • An employer’s report of actual knowledge, as defined at 49 CFR § 382.107
    • On duty alcohol use pursuant to 49 CFR § 382.205
    • Pre-duty alcohol use pursuant to 49 CFR § 382.207
    • Alcohol use following an accident pursuant to 49 CFR § 382.209
    • Drug use pursuant to 49 CFR § 382.213
    • A SAP’s report of the successful completion of the return-to-duty process
    • A negative return-to-duty test and,
    • An employer’s report of completion of follow-up testing

This is a bullet point breakdown of the key takeaways.  If you have any questions, please contact a member of the AssuredPartners Transportation Team at any time and we’ll help track down the answers.