If you hire CDL drivers, please take note: Beginning January 6, 2020, there will be new requirements in effect for obtaining drug and alcohol information for commercial driver’s license applicants and existing drivers.
When hiring a CDL driver, employers are required to query the new drug and alcohol clearinghouse to determine whether current and prospective employees have incurred a drug and alcohol violation that would prohibit them from performing safety-sensitive functions covered by the FMCSA and US DOT drug and alcohol regulations.
What is the Drug and Alcohol Clearinghouse and what information will it contain?
The Clearinghouse is a secure online database that will give employers, the Federal Motor Carrier Safety Administration (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 will contain 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 will also be recorded in the Clearinghouse.
Mandatory use of the Clearinghouse goes into effect, January 6, 2020. More information can be found on the Drug & Alcohol Clearinghouse website: https://clearinghouse.fmcsa.dot.gov
Authorized Users & Registration
Authorized users include:
Who Must Register?
Employers, drivers, medical review officers, substance abuse professionals, and consortia/third-party administrators must register in the Clearinghouse to access the Clearinghouse.
Instructional job aids are available for:
Employers, C/TPAs, MROs, and SAPs can also invite users to complete required actions in the Clearinghouse on their behalf. These users would register as Clearinghouse Assistants.
How do I register as a Clearinghouse Assistant?
If your employer has a USDOT Number, visit https://clearinghouse.fmcsa.dot.gov/register and register as an Employer. When prompted, enter your FMCSA Portal credentials. (Don’t have a Portal account? Register for one today . Once you have a Portal account, be sure to select the correct Clearinghouse user role .)
All other users must contact your Clearinghouse Administrator to request an invitation to register for the Clearinghouse. Once you receive this invitation email, follow the link in the email to begin your registration in the Clearinghouse. Download the instructional job aid .
Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s record—this will include all pre-employment queries beginning on January 6, 2020.
Drivers will always be free not to register. However, they will not be hired by a prospective employee if this information is not available and they can’t remain employed if we can’t conduct our annual query.
A driver must also be registered to electronically view the information in his or her own Clearinghouse record.
Drivers who register before January 6, 2020, will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers on or after January 6, 2020. Registration is available at https://clearinghouse.fmcsa.dot.gov/register.
How will you use the Clearinghouse? Download your user brochure:
About Queries and Consent Requests? Download materials below:
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While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or change circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.
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