WA SB 5041

Author

John Lovick
226 John A. Cherberg Building, PO Box 40444
Olympia, WA 98504
253-275-1405
john.lovick@leg.wa.gov
Author Detail Link

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Bill Text

Category

CDL

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State

WA

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Summary

Links disqualification of commercial drivers for drug and alcohol violations to ones reported through the federal Drug and Alcohol Clearinghouse. Removes certain requirements related to drug and alcohol violations of commercial drivers reported to the state.

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Issue

The state law requirement for employers, medical review officers, and substance abuse professionals to submit positive drug and alcohol test results, and refusals to submit to a test with respect to commercial drivers to DOL, is removed. The state law requirements around issuance and disqualification based on the drug and alcohol notifications to DOL are removed.

The issuance restrictions and disqualification requirements are linked to DOL's query of the federal DAC. After receiving notification from the federal DAC, DOL is required to
downgrade a CLP or CDL within 60 days. Any administrative review made available by the FMCSA is the exclusive remedy for a CDL or CLP holder to contest administrative or clerical errors in the information sent to DOL from the DAC. When DOL receives notification that a CLP or CDL holder is no longer prohibited from operating a commercial motor vehicle, or was erroneously identified, DOL must remove the downgrade or pending downgrade.

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Notes

Dead.

History

01/09/2023 First reading. Referred to Senate Committee on Transportation.
01/19/2023 Hearing in the Senate Committee on Transportation.
01/26/2023 Executive action taken in the Senate Committee on Transportation. Passed Committee.
01/30/2023 Passed to Senate Rules Committee for second reading.
03/08/2023 Missed crossover deadline.