WASHINGTON — A third-party consortium that manages drug testing for truckers hauling for movie studios has convinced regulators that it can safely continue a less stringent hiring process than that of general freight haulers.
The Federal Motor Carrier Safety Administration has renewed for an additional five years an exemption granted in 2020 to DISA Entertainment Compliance Solutions (DECS) – doing business then as Motion Picture Compliance Solutions – that allows DECS member carriers to avoid having to conduct a full query of FMCSA’s Drug & Alcohol Clearinghouse as part of its initial preemployment screening process for drivers.
Instead, DECS carriers will be allowed to conduct just a limited query of the database to satisfy the preemployment hiring requirement. The exemption expires in 2030.
“FMCSA determined in 2020 that DECS’s process for identifying qualified drivers for member employers is uniquely designed to accommodate safety concerns related to drug and alcohol testing violations,” FMCSA stated in a notice published on Monday.
“The agency continues to believe that the exemption will not jeopardize safety because the employer and/or their C/TPA [consortium/third-party administrator] must conduct a full query if the limited query shows that information about the driver exists in the clearinghouse.”
DECS asserted in its renewal application, as it did in 2020, that having the exemption, which applies only to DECS members, comes down to money.
“The exemption is needed because … compliance with the [current clearinghouse] rules would significantly impede our members’ ability to hire drivers at the speed needed to keep pace with the operational demands of the motion picture industry, which if not renewed would subsequently increase the number of production days and add millions of dollars of increased production costs operating in the United States,” the group stated.
DECS emphasized that exemption does not degrade safety because employers and their drivers remain subject to all federal drug and alcohol use and testing regulations while also participating in DECS’ own drug and alcohol testing protocols and procedures.
DECS’ renewal request was supported by major Hollywood movie studios, including Sony Pictures Entertainment and Netflix Studios LLC.
“The DECS clearinghouse exemption has played a pivotal role in the entertainment industry by enhancing operational efficiency and streamlining processes, allowing companies to navigate regulatory landscapes with greater ease,” Netflix Studios, a subsidiary of entertainment company Netflix Inc. (NASDAQ: NFLX), stated in comments filed with FMCSA.
“This exemption reduces administrative obstacles, enabling faster project turnarounds with a consistent pool of drivers. DECS has developed additional safety protocols to prevent any driver from performing safety-sensitive functions without the proper requirements. This approach protects workers, audiences, and the general public, supporting the industry’s growth and vitality while maintaining its commitment to safety.”
