January 9, 2023

In Brief

In this edition of the Monday Morning Messenger, Texas has had some cold spells this winter, and some of your low-income customers may be looking for assistance. One group is out of funds, but TPGA shares where you can still find funds for qualifying customers.

CBD shops have been popping up in towns across America. People use the product for pain management and other medical conditions; however, CBD can put a driver's qualification status at risk. Learn more about this in our second story of the morning.

Additionally, this month, there has been a change in how you must screen new driver hires. Learn more about this regulatory requirement and procedural change.

Lastly, the National Safety Council partners with TX DOT to provide educational webinars and documents to help employers of drivers, and this week they are focusing on a very timely topic of drug & alcohol violations and related DOT audits and hosting a webinar to help employers comply.

In our Quick Links section, please find access to the latest Winter Weekly Propane Price & Supply Update, Propane Service Corporation, membership renewals, and the expiring 2022 appliance rebate program.

In this issue

In Brief
Energy Assistance
Drivers & CBD
Changes to Driver Pre-Employment Inquiry
Texas DOT/NSC Drug & Alcohol Webinar
Quick Links

Calendar

January 10, 2023

February Magazine

Ad Deadline

January 10, 2023

Texas Legislative Session Officially Begins

January 10, 2023

NPGA District 4 Meeting (AR, CO, KS, MO, NM, OK, TX)

January 12, 2023

National Safety Council DOT Drug & Alcohol Webinar

January 15, 2023

2022 Appliance Rebate

Application Deadline

January 30

- February 1, 2023

NPGA Winter Meeting

January 31, 2023

W2's &1099s due to employees & contractors

MORE DATES

Affinity Partners

Lone Star Energy Group

Basys Processing

Energy Assistance Funds

Are Still Available: Where You Can Find Funds for Customers

The Comprehensive Energy Assistance Program (CEAP) is a utility assistance program under the Texas Department of Housing & Community Affairs. CEAP is designed to assist low-income households in meeting their immediate energy needs.

In 2022, TXUtilityHelp.com was developed and enlisted by the Texas Department of Housing & Community Affairs to help with applications and doling out energy assistance funds. While the TXUtilityHelp.com website currently states that, at this time, the site is not accepting energy assistance applications. The group is not the only one with funds.

Your local CEAPs are still assisting with energy assistance as well.

As of January 1, 2023, all the sub-recipients (36 of them across the Lone Star State) are being replenished with Energy Assistance funds to help with whatever assistance is needed in their area for electric, gas, and propane. So anyone needing assistance may call the subrecipient of CEAP funds in their area (as normal) and apply through them.

LIST OF AREA CEAPS

Warn Your Drivers How CBD Oil Can Affect Driver Qualification

The U.S. Department of Transportation requires testing for marijuana and not CBD; however, the labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states.

The United States Food and Drug Administration (FDA) does not currently determine or certify the levels of THC in products that contain cannabidiol (CBD), so there is no Federal oversight to ensure that the labels on CBD products that claim to contain less than 0.3% by dry weight of THC are accurate.

Since the use of CBD products could lead to a positive drug test result, DOT-regulated safety-sensitive employees like commercial drivers, DOT states drivers should exercise caution when considering whether to use CBD products. U.S. DOT states that drivers who use these products are doing so at their own risk.

Source: U.S. DOT

FMCSA Pre-employment Clearinghouse Requirement Went Into Effect January 6, 2023

Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years.

These requirements apply to both interstate and intrastate drivers as the Texas Department of Public Safety adopts these Chapters 49 CFR 380 and 390 in whole.

As of January 6, 2023, three years of violation data is now stored in the FMCSA Drug & Alcohol Clearinghouse. This means that prospective employers can now and are required to conduct a pre-employment query through the FMCSA Clearinghouse.

Annual query requirements have not changed.

Additionally, employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ. This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in January 2022, it is time to conduct the next round of annual queries.

Consent form. Employers must obtain general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information (you can download a sample limited query consent form).

Are you up-to-date on your annual queries?

Log in to the Clearinghouse and visit your Query History page to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.

FMCSA CLEARINGHOUSE

DOT Drug & Alcohol Testing: Better Understanding Yields Better Compliance

Violations arising from DOT Controlled Substance & Alcohol Testing continue to be some of the most commonly cited during DOT audits conducted by the FMCSA and their State Partners. Many transportation companies still struggle to understand and comply with these regulations.

The National Safety Council will be hosting a webinar Thursday, January 12, 2023, with guest John Counts, a retired Texas Department of Public Safety senior trooper, who will explore some of the issues that have been problematic to many carriers, cover some misconceptions, and touch on compliance with the FMCSA Clearinghouse requirements.