In January 2020, an act of Congress instructed the Department of Transportation to create the Federal Motor Carrier Safety Administration (FMCSA) Commercial Driver’s License Drug and Alcohol Clearinghouse. Let’s dive in and explore what the Drug and Alcohol Clearinghouse really is, how it keeps drivers and employers safe, and how it impacts you as a commercial driver.
What is the Drug and Alcohol Clearinghouse?
The FMCSA CDL Drug and Alcohol Clearinghouse is not as hard to understand as the name makes it sound. It is a big, secure, online database that keeps a record of drug and alcohol violations by commercial drivers. Employers, drivers, law enforcement personnel, and driver’s license agencies can access it to get real-time information on commercial drivers and their compliance with drug and alcohol testing rules.
The clearinghouse keeps everyone safer by making it easier for employers to conduct pre-employment investigations and harder for drivers to conceal drug and alcohol violations. It is a more transparent system for drivers and employers, making it easier for all involved parties to share information.
How Does the Drug and Alcohol Clearinghouse Work?
The Drug and Alcohol Clearinghouse requires drivers, employers, and medical review officers(MRO) to report violations. Certified breath alcohol technicians report positive results to employers, who then report to the clearinghouse. Employers must also check the database to ensure that no current or prospective employees are prohibited from performing safety-sensitive functions.
Employers
Before the creation of the clearinghouse, employers had to verify a prospective employee’s history with previous employers. Now, they no longer need to do that. Instead, they can check the clearinghouse database to ensure that any incoming employees don’t have any violations or that they have completed the return-to-duty (RTD) process and are cleared to operate a CMV.
Drivers
Drivers with a commercial driver’s license (CDL) or a commercial learner’s permit (CLP) must give consent to current or prospective employers to access the information in the clearinghouse. They can also use the clearinghouse to view their own records and find a substance abuse professional if needed.
Certified Specimen Collector
Drug and alcohol tests have to be administered by professionals who have completed a drug and alcohol testing certification course. These professionals submit positive results to a medical review officer (MRO).
Medical Review Officers
A medical review officer (MRO) is a licensed physician with a specialization in toxicology and the interpretation of drug test results. An MRO receives and reviews laboratory results after a DOT drug test. Then, the MRO determines if there is a legitimate, alternate explanation for a positive test result (such as a prescription medication) and reports the verified results to the employer and to the clearinghouse.
Substance Abuse Professionals
When a driver successfully completes a return-to-duty (RTD) protocol, that information must also be submitted to the clearinghouse so that employers can verify that the driver is cleared to obtain a new DOT physical exam and start driving once again. The Substance abuse professional can order follow-up testing over the next year as they see fit.
State Driver’s License Agencies
Driver’s license agencies use the clearinghouse to verify that prospective commercial drivers are eligible for a CDL.
What Information is Contained in the Drug and Alcohol Clearinghouse?
The clearinghouse contains reports of any CDL drug and alcohol violations and information on a driver’s return to duty activities.
The following violations must be reported to the clearinghouse:
- Reporting for duty or remaining on duty with a blood alcohol level above 0.04 or greater.
- Reporting for duty while using any prohibited drug. Individuals using marijuana for any reason must be reported.
- Using alcohol while performing or within four hours of performing a safety-sensitive function.
- Drinking alcohol within eight hours of an accident or until the post-accident test is completed, whichever comes first.
- Testing positive for use of restricted drugs.
- Refusing to take a required drug or alcohol test.
What Types of Drivers Are Impacted by the FMCSA Drug and Alcohol Clearinghouse?
Any driver with a commercial driver’s license and operating a commercial motor vehicle on public roads has to comply with requirements for DOT exams, including drug and alcohol testing and the requirements of the clearinghouse. These drivers include (but are not limited to):
- Interstate and intrastate commercial drivers—Interstate drivers operate across state lines, and intrastate drivers drive within a single state.
- Owner-operators—Even if you own a business and are a single operator, you still have to comply with DOT testing and reporting requirements.
- School bus and limousine drivers—These requirements apply to any driver carrying more than nine passengers for compensation.
- Hazmat drivers—Drivers transporting hazardous materials must follow all the rules for those in safety-sensitive functions.
- Drivers of construction vehicles—Operating this type of large machinery requires additional caution and safety steps.
- Municipal vehicle drivers—These include drivers of waste management vehicles, public transit buses, snowplows, and utility and public works vehicles.
Common Questions About the Drug and Alcohol Clearinghouse
How Do I Register for the Clearinghouse?
Employers, drivers, substance abuse professionals (SAP), medical review officers (MRO), and consortium/third-party administrators (C/TPA) must register with the clearinghouse to access the information in the clearinghouse. You can register online on the FMCSA’s website.
What Happens if I Have a Violation?
If you have a drug or alcohol violation, either because you tested positive on a drug or alcohol screening test, refused a test, or were reported for a violation at work, that violation will be recorded in the clearinghouse. You will be notified by mail or email if any person adds information to the clearinghouse about you.
The clearinghouse also notifies employers by email of any changes to an employee’s clearinghouse record.
Once you begin the RTD process with a substance abuse professional, the SAP will report that information to the clearinghouse. When you finish the return-to-duty protocol and complete the RTD testing, your information will be updated in the clearinghouse. Then you will be able to obtain a new DOT physical so that you can return to driving. The SAP can require you to take random follow-up tests throughout the next year.
Can Employers Use the Clearinghouse for Pre-Employment Screening?
Yes, employers are required to query the clearinghouse before hiring any potential driver or safety-sensitive employee. Employers will receive updates on any employee they have queried if there are changes to that employee’s information in the database.
How Long Do Violations Stay in the Clearinghouse?
Driver violations will remain in the clearinghouse records for five years from the date of the violation or until the driver successfully completes the return-to-duty process, whichever is later.
Conclusion
The FCMSA Drug and Alcohol Clearinghouse makes all our roads and communities safer by ensuring that commercial drivers and safety-sensitive workers comply with the rules regarding drug and alcohol use. It makes it easy for employers to verify drivers’ drug and alcohol history and levels the playing field for drivers by increasing transparency. If you’ve had a drug or alcohol violation, the clearinghouse simplifies the process for reporting and recording your RTD process, getting you back on the road faster.
