A DETAILED OVERVIEW OF
THE FMCSA
CLEARINGHOUSE for Providers and Employers
BY LUCAS KIBBY, CLEANFLEET I
t has been four years since Congress called for a national clearinghouse of commercial drivers who have drug and
alcohol violations. Now, the Federal Motor Carrier Safety Administration (FMCSA) is establishing a central database to contain the relevant drug and alcohol testing information for drivers with a commercial driver’s license (CDL). With the Commercial Driver’s License
Drug and Alcohol Clearinghouse, employers will be required to register their employees and report test results. Te purpose of the Clearinghouse is to provide a tool for employers to ensure that they are hiring and employing drivers who are following regulatory guidelines related to drug and alcohol use. In other words, FMCSA’s goal is to
prevent CDL holders with positive drug and alcohol test results, those who have refused required drug and alcohol tests, or those who have not undergone the return-to-duty drug and alcohol rehabilitation process from job-hopping (or, moving to different states where the results do not follow them). Te new system will keep the roads safer by making it harder to hire these drivers.
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What gets reported and what are the reasons to query the database? Tere are eight reasons why a CDL driver would have his or her information reported in the Clearinghouse database: 1. A verified positive, adulterated, or substituted controlled substance test
2. Refusal to test (including failure to appear)
3. A verified positive Breath Alcohol Test (BAT) above .04
4. DUI citation in a commercial motor vehicle (CMV)
5. DUI conviction in a CMV 6. Actual knowledge of illicit alcohol or drug use
7. Negative return-to-duty 8. Completion of follow-up Once the database is ready, commercial
drivers and service agents must register with the Clearinghouse and report their testing information. Ten, employers will be required to query the database in the following ways: 1. A Full Detailed Query for Pre-Employment Screening Employers will be required to check and
confirm that any driver they are planning to hire does not have an outstanding positive test result. Tis type of check will be a full detailed query and will show any prohibitions in the database.
2. A Limited Query for Annual Screening During the annual review of each driver, employers will also need to check the Clearinghouse for informa- tion regarding the driver. Tis type of check will be a limited query. If the limited query shows information in the Clearinghouse database, a full detailed query is required. If a full query is not done within 24 hours, the employer must not allow the driver to continue to perform any safety-sensitive func- tions until the full query is conducted and the results confirm that the driver’s record contains no prohibitions.
When will the database be ready? The final rule for the Clearinghouse has already been implemented. The Department of Transportation (DOT) hopes to have the database website active by January 2020, and will allow
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