The Federal Motor Carrier Safety Administration (FMCSA) has released updated informational materials regarding the Drug and Alcohol Clearinghouse.
About the Drug and Alcohol Clearinghouse
The Clearinghouse is a secure online database that gives employers, FMCSA, State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.
Why must employers register?
- To conduct queries on all potential new hires, and at least annually on all current employees who perform safety-sensitive functions, such as operate a commercial motor vehicle.
- To report driver violations (positive alcohol tests, test refusals not reported by a medical review officer [MRO], and actual knowledge of violations).
Why should drivers register?
Drivers must be registered in the Clearinghouse when applying for a job with a new employer. Their registration must include a verified CDL number to respond to employer consent requests. Drivers may view their own Clearinghouse record at any time.
How should self-employed CDL drivers register?
CDL drivers who operate under their own authority (often called owner-operators, typically a single-driver operation) must register as an employer and designate a consortium/third-party administrator (C/TPA) in the Clearinghouse. Owner-operators can also add their CDL information to add a driver role, which allows them to respond to query consent requests from their C/TPA.
Download the full materials below:
- FMCSA Drug and Alcohol Clearinghouse Requirements - Employers
- FMCSA Drug and Alcohol Clearinghouse Requirements - Drivers
- FMCSA Drug and Alcohol Clearinghouse Requirements - Owner/Operators
Please contact our Trucking and Commercial Transportation attorneys for additional questions regarding the updated materials.