The FMCSA requires employers of commercial truck and bus drivers to register for the Drug and Alcohol Clearinghouse. The deadline for registration was January 5, 2021. Non-compliance could lead to criminal and civil lawsuits of up to $5833 for every offense.
The FMCSA Drug and Alcohol Clearinghouse
regulation on January 6, 2020. This congressionally mandated system requires employers of CDL drivers to register for compliance. Additionally, they must “query” the Clearinghouse to check for any drug and alcohol violations among current and potential employees.
To strengthen the system, the U.S. Congress approved the drug and alcohol Clearinghouse database for commercial driver employers. Previously, gaps in the process allowed violators to slip through unnoticed and continue operating commercial trucks and buses.
Despite this requirement, thousands of CDL employers still haven’t registered with the FMCSA Clearinghouse. Any employer who hired a new driver after January 6, 2020, without registering is violating the law and risks fines if audited by FMCSA.
Pre-Employment Queries
Along with the mandatory 3-Year History Check, employers must conduct a Pre-Employment Full Query in the Clearinghouse and receive a “Driver Not Prohibited” result. Starting in 2023, the Clearinghouse process will fully replace the 3-Year History Check.
Because the system records all queries, DOT officials can easily enforce compliance.
Annual Limited Queries
Every year, employers must run a Limited Query for all commercial drivers. This check determines whether the Clearinghouse has recorded any violations. If a record exists, the employer must immediately follow up with a Full Query to obtain details.
Consent
Before conducting a Full Query, employers must obtain the commercial driver’s consent through the Clearinghouse. Since the process is entirely electronic, drivers must register in the Clearinghouse to provide approval.
For Annual Limited Queries, employers only need consent once. By using a General Consent for Annual Limited Query, the employer can keep a signed document on file for ongoing compliance.
Other Employer Obligations
Employers are mandated to report violations of drug and alcohol programs by their CDL holders to the Clearinghouse database.
- Breath Alcohol Test positives
- Refusals to Test
- Actual Knowledge
- Return To Duty test results
- Completion of Follow Up testing
These are the responsibility of the Employer to report. If you don’t know what a Refusal is or what Actual Knowledge is, you better learn.
How InOut Labs Helps its Clients with Clearinghouse regulation
Understanding and complying with the Clearinghouse requirements is a challenge for many fleets and owner-operators. But you are still required by the law to comply with the Clearinghouse requirements. That’s where InOut Labs has your back.
We’re committed to helping our clients understand the FMCSA Clearinghouse regulation. If you want to manage the Clearinghouse yourself, we can tell you how. Or we can manage many of the tasks required by the Clearinghouse on your behalf: conducting full and limited queries, reporting violations, return to duty and follow up completion reports.
InOut Labs is a respected drug testing provider with extensive knowledge and experience. We are helping many employers of CDL drivers navigate the FMCSA Clearinghouse requirements. Description and pricing here: www.inoutlabs.com/clearinghouse
Be sure to register for the Clearinghouse . Then let InOut Labs take care of the rest. Read more about our experience and expertise.
Check out our FMCSA ClearingHouse resource page for more details and our fees breakdown for providing Clearinghouse support.
Want more information? Send us a message or visit our office .
