The FMCSA Clearinghouse Compliance system actively tracks all drug and alcohol violations for Commercial Driver’s License (CDL) holders. This national database enhances road safety and ensures compliance. It prevents drivers with substance abuse violations from avoiding detection by switching employers. By centralizing critical information, the Federal Motor Carrier Safety Administration (FMCSA) strengthens safety regulations. It also holds employers accountable for maintaining a drug-free workforce in the transportation industry.

The U.S. Department of Transportation (DOT), through the FMCSA, launched the Clearinghouse on January 6, 2020. This initiative increases employer responsibilities significantly. Employers must actively monitor and report driver compliance with drug and alcohol testing regulations. The system blocks drivers with unresolved violations from operating commercial vehicles. Additionally, it provides a transparent and standardized record of all violations across the industry.

Employer Responsibilities Under FMCSA Clearinghouse

When hiring a new driver, companies must complete two essential steps before allowing them to operate a commercial vehicle. First, employers conduct a pre-employment drug test to ensure the driver meets federal safety standards. Second, they query the Clearinghouse to check for any prior violations on the driver’s record. If the system flags a violation, the employer must prevent the driver from going on the road. The driver can only resume work after successfully completing the return-to-duty process and receiving clearance. This process closes loopholes that previously allowed drivers to move between companies without accountability.

Additionally, employers must perform an annual query on all their current CDL drivers. This ensures that any new violations are promptly identified and addressed, preventing drivers with drug or alcohol infractions from continuing to operate commercial vehicles unnoticed. The responsibility of reporting violations extends beyond employers to include medical review officers (MROs), consortium/third-party administrators (C/TPAs), and substance abuse professionals (SAPs), who must all contribute accurate and timely data to the Clearinghouse.

Types of Drug and Alcohol Violations Reported

The types of violations that must be reported include:

  • Positive drug and alcohol test results
  • Refusal to submit to drug and alcohol testing
  • “Actual knowledge” of drug or alcohol use by an employer
  • Failure to complete the return-to-duty process

The Impact of FMCSA Clearinghouse on the Industry

The FMCSA Clearinghouse represents a major shift in workplace compliance for the transportation industry. While it places a significant administrative burden on employers and service agents, it ultimately promotes safer roads, greater transparency, and a more accountable workforce.

On Friday, February 21, 2020, the FMCSA revealed that, since the Clearinghouse went live on January 6, nearly 8000 positive tests have been recorded. At more than 1000 per week, that number surprised many in the industry.

CDL drivers are those who operate vehicles the meet one of the following criteria:

  • Rated for 26,001 or more pounds (GVWR)
  • Capable of 16 passengers or more, including the driver
  • Must be placarded for hazardous materials

They include school bus drivers, trucking companies, many in the contracting and construction trades, as well as some delivery vans and moving companies. Drivers who take on these jobs understand that being drug-free is a condition of employment, and DOT-regulated drug testing has been standard since 1991.

InOut Labs, experts in DOT regulations, provides DOT drug testing compliance services nationwide, and recently added Clearinghouse Support. www.inoutlabs.com/clearinghouse