In January 2020, in an effort to reduce commercial motor vehicle crashes and fatalities, the U.S. Department of Transportation (DOT) activated the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse (Clearinghouse). The rule established that all DOT-regulated businesses, as well as the Third Party Administrators and Medical Review Officers who manage the details of their testing program, adhere to a set of responsibilities and maintain regulations for safety-sensitive drivers and motor carriers.
What is the DOT Drug & Alcohol Clearinghouse?
The Drug & Alcohol Clearinghouse is a centralized online database that houses drivers’ non-negative drug and alcohol test results, as well as information about their participation in a return-to-duty program. Under the rule, Third Party Administrators, employers and Medical Review Officers are required to report all DOT drug and alcohol violations to the Clearinghouse for FMCSA-regulated drivers.
Employers are required to check this database before hiring a new safety-sensitive driver, as well as annually for the remainder of each driver’s employment. All information regarding drug and alcohol violations will stay publicly available in the Clearinghouse for five years or until the return-to-duty process is complete (whichever is later).
Employers Responsibilities for Compliance
All DOT-regulated companies are required to register for the Clearinghouse so they have the ability to conduct queries and report drug and alcohol violations. Businesses with drivers also need to designate a Third Party Administrator (TPA) so they have access to your account and can conduct queries on your behalf. Please note that for owner-operators, this is not an optional step.
By registering for an account and designating a TPA, your company is ready to begin using the database. If you have a DOT number, you can register right from your FMCSA Portal account.
Under the rule, employers must:
- Query the Clearinghouse both before hiring a new CDL driver and then annually throughout their employment.
- Report all violations, including refusals and known substance use.
- Immediately act if a driver is flagged as prohibited. Failure to comply can result in civil penalties or contract loss.
- Update a driver’s Clearinghouse record about their progress through the return-to-duty and follow-up testing process or the driver’s license may be suspended.
Drivers: How to Maintain Compliance
If you’re a safety-sensitive driver, you’re required to create a Clearinghouse account where employers can both report and check for drug and alcohol violations (you’ll need to give consent within the portal before they can pull a full report). Your account will also allow you to review your Clearinghouse record at any time to see if any violations have been reported by an employer. If you find information that is inaccurate, you’ll have an opportunity to have it removed.
Once you register for a Clearinghouse account, you can login to give your consent prior to an employer running a full query of your record. If you receive a drug and alcohol violation in the future, you’ll also be able to select a Substance Abuse Professional from within your account, which will allow them to update your record with information on your return-to-duty program.
If you’re an owner-operator, keep in mind that you will be required to designate a TPA to manage your drug and alcohol testing program within the Clearinghouse.
Related Article: Understanding the Drug and Alcohol Clearinghouse
The information contained herein is for informational and educational purposes and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any information provided herein.
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