It's about a month out until the launch of the Commercial Driver’s License Drug and Alcohol Clearinghouse from the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). On January 6, 2020, new compliance requirements for employers will take effect, so it’s essential to prepare now.
To help, we’ve compiled answers to some of the most frequently asked questions about the FMCSA Clearinghouse, along with a resource for further reading. Here’s what you need to know:
The Clearinghouse is designed to facilitate employers’ pre-employment screenings, make it more difficult for drivers to conceal drug and alcohol violations from their employers, and help enforcement personnel verify that any driver with a violation has completed the required evaluation and treatment before returning to duty performing safety-sensitive functions.
The U.S. Department of Transportation has a brochure with more information about the Clearinghouse available here.
You can also stay up-to-date on screening-related compliance issues here on the blog. We post frequently and link to helpful resources, like our free white paper, “Rig-orous Background Checks,” which looks into negligent hiring and the transportation industry. If that issue could affect you, download the report now.
To help, we’ve compiled answers to some of the most frequently asked questions about the FMCSA Clearinghouse, along with a resource for further reading. Here’s what you need to know:
FMCSA FAQs
What is the FMCSA Clearinghouse?
The U.S. Congress mandated the creation of a secure, centralized, searchable database of drug and alcohol program violations by holders of commercial driver’s licenses (CDLs). Known as the FMCSA Clearinghouse, this database will improve employers’ access to realtime information about alcohol and drug violations by commercial drivers.The Clearinghouse is designed to facilitate employers’ pre-employment screenings, make it more difficult for drivers to conceal drug and alcohol violations from their employers, and help enforcement personnel verify that any driver with a violation has completed the required evaluation and treatment before returning to duty performing safety-sensitive functions.
The U.S. Department of Transportation has a brochure with more information about the Clearinghouse available here.
What data will be in the FMCSA Clearinghouse?
The Clearinghouse will log all CDL drivers’ drug and alcohol program violations, including refusals to submit to an alcohol or drug test. Violations will remain in the Clearinghouse for five years or until the driver completes the return-to-duty process, whichever is later.What employers will be affected by the Clearinghouse?
Anyone employing CDL drivers to operate commercial motor vehicles on public roads must use and report to the Clearinghouse database. This includes companies with vehicles like commercial trucks, passenger carriers, school buses, or limousines. Municipalities, federal agencies, and other organizations subject to FMCSA requirements must be in compliance as well.When does the Clearinghouse go into effect?
Starting on January 6, 2020, use of the Clearinghouse by employers will be mandatory. This means affected employers must query the Clearinghouse database for records on any employees who will be operating commercial vehicles on public roads. They must also comply with reporting requirements.What are the query requirements?
Employers must run the following queries of the Clearinghouse database:- For new employees / new drivers (Full Query). A query of the Clearinghouse is mandatory for current or prospective employees prior to allowing them to operate a commercial motor vehicle on public roads.
- For current employees / drivers (Limited Query). Employers are also required to check the Clearinghouse annually for each driver they employ.
What are the reporting requirements?
In addition to running queries about their commercial drivers, employers also need to report any drug and alcohol program violations they discover. This rule also applies to any third-party administrators an employer may use. Medical Review Officers must report positive drug tests and refusals to submit to drug testing.What about manual queries?
Employers are currently required to manually query a commercial driver’s previous employers about drug and alcohol program violations going back three years. This process will still be required through January 6, 2023. Once the Clearinghouse has built up three years of driver records, manual queries of previous employers will no longer be necessary. Querying the Clearinghouse will be sufficient to meet an employer’s screening responsibilities.How do you gain access to the Clearinghouse?
Employers, drivers, and other users, such as Medical Review Officers, can register free of charge here: https://clearinghouse.fmcsa.dot.gov/. Registrations are being accepted in advance of the Clearinghouse roll-out on January 6, 2020.Summary
Organizations employing commercial drivers should ready themselves for FMCSA Clearinghouse compliance. Employers are responsible for:- Registering with the FMCSA Clearinghouse, which should be done as soon as possible to prepare for the January 6, 2020 launch.
- As of January 6, 2020, querying the Clearinghouse database for records on any existing, new, or prospective employees prior to allowing them to operate a commercial motor vehicle.
- Re-querying the Clearinghouse annually for each employee to check for recent drug and alcohol violations.
- Continuing to conduct manual queries of individuals’ previous employers going back three years until January 6, 2023, at which point only electronic Clearinghouse queries will be required.
You can also stay up-to-date on screening-related compliance issues here on the blog. We post frequently and link to helpful resources, like our free white paper, “Rig-orous Background Checks,” which looks into negligent hiring and the transportation industry. If that issue could affect you, download the report now.