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The FMCSA Clearinghouse compliance deadline was 1/6/2020, and enforcement is now in effect. It is critical that you register your organization in the Clearinghouse as soon as possible.

If you do not establish an account, you cannot maintain compliance with mandatory Clearinghouse or drug testing regulations. AND you’re risking fines for noncompliance. Need help? Ask us.

PENALTIES FOR NON-COMPLIANCE ARE SET AT $5833 PER VIOLATION.

REALLY

What is the FMCSA Clearinghouse?

FMCSA Clearinghouse is a centralized online database containing records of DOT FMCSA drug and alcohol program violations. The searchable, real-time database allows (REQUIRES!) employers to screen and query commercial drivers for any violations of drug and alcohol program.

Th implementation date was January 6th 2020.  It’s critically important for all employers to understand this new rule and what that is changing as a result.

Get Support

If you have any questions about the FMCSA Clearinghouse call us at 847-657-7900 or email us at [email protected]

What Is Included?

  • Unlimited consultation for all Clearinghouse matters

  • Sample Consent Forms

  • Sample Confidentiality Agreement

  • Required Annual Query

  • Required Pre-Employment Queries

  • Violation Reporting

  • Clearinghouse Registration Support Assistance

  • Reporting of negative RTD test

  • Reporting of successful completion of Follow-up Testing

  • $10 per pre-employment full query or violation report

Fact Sheets & Instructions

FMCSA Clearinghouse Support Prices

Owner Operators: You must employ the services of a C/TPA. As part of your annual consortium dues, we include our Clearinghouse services. However, you still need to register, select InOut Labs as your C/TPA, and purchase queries.

To register as an Owner Operator in our random testing consortium, simply click here.

Importantly, for the purposes of the Clearinghouse, if you are both the owner and the driver, then you are considered an Owner Operator. In contrast, for the InOut Labs consortium, an Owner Operator refers specifically to a one-employee company in which the owner also drives.

Meanwhile, Employers of CDL Drivers must also register with the FMCSA Clearinghouse. You may choose to manage this process independently. Alternatively, you can hire InOut Labs to take care of it for you.

Our fees for Clearinghouse Support include:

  • $149/year for support

  • $10 per Query

  • $10 per Violation or Return-To-Duty (RTD) Report

FMCSA Random Program Registration

  • Random Drug Tests
  • Random Breath Alcohol Tests
  • Consortium Enrollment Fee
  • Enrollment Certificate
  • Quarterly Random Selections
  • MIS Report on Request
  • MRO Certified Testing Results
  • Monthly Reminders About Testing
  • DOT Audit Assistance
  • Optional Clearinghouse Support at $149/yr
Register

FMCSA Clearinghouse FAQs

  • Employers, employees, service agents that are required to comply with DOT and FMCSA drug and alcohol testing requirements:
    49 CFR Part 40
    49 CFR Part 382 and 383
  • Includes Employers, employees, service agents in Mexico and Canada as well as Commercial Learner’s Permit (CLP) holders and Owner Operators.

  • A verified positive, adulterated, or substituted drug test result
  • An alcohol confirmation test with a concentration of 0.04 or higher
  • A refusal to submit to any test required by 382 subpart C
  • An Employer’s report of actual knowledge as defined in 382.107
  • A Substance Abuse Professional (SAP) report of successful completion of the Return to Duty process
  • A negative return to Duty test result
  • An Employer’ s report of completion of Follow‐Up Testing

  • Records from DOT agencies other than FMCSA
  • Non‐DOT test results
  • Results verified before 1/6/2020
  • Negative test results –
  • Except Return to Duty
  • SAP reports and follow up plans

Drivers are identified by the Commercial Driver’s License (CDL) number and State of Issuance (not SSN)

Driver violation records remain available in the Clearinghouse for five years from the date of the violation determination, or until the violation is resolved through the successful completion of the return‐to‐duty (RTD) process and follow‐up testing plan, whichever is later.

  • A C/TPA can report violations to the Clearinghouse on behalf of an Employer
  • A C/TPA can conduct queries on behalf of an Employer using queries in the Employer’s account.

  • A C/TPA cannot register an Employer in the Clearinghouse. Employers must register for themselves.
  • A C/TPA cannot purchase queries for an Employer, nor can a C/TPA purchase and resell queries.
  • The aforementioned also applies to Owner Operators who must register themselves, purchase queries, AND select a C/TPA.

Nope. A driver must register himself or herself AND initiate consent to the Employer.

Unless you hold a CDL and are a driver, you can do this on your own. Your cost is merely the $1.25 per query that FMCSA charges – plus your time. If you opt to do it yourself, then you need to learn what’s required. Once you see the requirements (There ARE requirements!), you may decide you want help. Our fees are listed here.

Employer Immediate Action Steps

Register as an Employer

If you have an FMCSA Portal account, you should link it with your Clearinghouse account.  Detailed instructions are here: Employer registration. The steps you will take to register as an employer in the Clearinghouse depend on whether or not you have an FMCSA Portal account. The FMCSA Portal is a web system that allows employees of motor carriers to access FMCSA web systems. If your company has, or should have, a USDOT Number, you should request an FMCSA Portal Account prior to registering for the Clearinghouse.

Once you register, you may invite assistants in your company to also have access to the FMCSA Clearinghouse web site.  If you are a client of InOut Labs, and would like our help with Clearinghouse support, then you should designate InOut Labs as your C/TPA. If you are an Owner Operator, and an InOut Labs client, this is required. Details are listed here.

Identify InOut Labs as your C/TPA if you would like InOut Labs to be able to perform queries and report violations on your behalf. If you are not yet an InOut Labs client, click here.

Purchase Queries

Purchase Queries – How many? At a minimum add up the number of drivers you have plus how many you expect to hire in the next 12 months. Better to err on the high side. We suggest Owner Operators purchase at least 5. They’re $1.25 each.

Drivers should register

Drivers should register now.  With more than 300,000 drivers across the U.S. covered (most needing to register in the Clearinghouse), it’s best to beat the rush.  Review detailed instructions for driver registration.

Employers should make sure new hires register so that a Pre-employment Full Query may be conducted. Without a clear Pre-employment query, a driver is not eligible to drive.

Do all drivers need to register?

If you have a job and no intention of changing jobs, and you have no intention of ever having a violation, and you do not want to be able to search the FMCSA Clearinghouse to check if there is any information reported on you, then you have no need to register.  All drivers applying for a covered position (CDL Driver) effective 01/06/2020 must be registered.

Send notification to all employees (PDF) to register. Not a requirement, but life will be easier if they register.

Get Employee Consent

Have all existing CDLs and any hired from this point forward sign a Clearinghouse Driver Consent Form. If you do not have consent, you cannot perform a query. If you do not perform a query, you cannot use that employee for safety sensitive work (i.e. drive). The FMCSA Clearinghouse posted a sample consent form. We provide a better one for our clients. Wanna make sure you’re compliant? Become a client.

Owner Operators

Owner Operators should register as an employer first and then enter their driver CDL number and other information.  An owner operator is both an employer and a driver and must register only as an employer. Review the detailed instructions for employer registration.

FMCSA Clearinghouse Queries

FMCSA Clearinghouse Queries

  • Full Query: Allows the Employer to see detailed information about any drug and alcohol program violations in a driver’s Clearinghouse record.

  • Limited Query: Allows an Employer to determine if an individual driver’s Clearinghouse record has any information about resolved or unresolved drug and alcohol program violations, but does not release any specific violation information contained in the record.

  • Pre‐Employment Query: Employers must not employ a driver subject to drug and alcohol testing to perform a safety‐sensitive function without first conducting a pre‐employment query. Must be a Full Query.

  • Annual Query: Employees must be Queried at least once within a 365‐day period based on their hire date, or another 12‐month period determined by the Employer, as long as the requirements of 382.701(b) are met. Can be accomplished by a Limited or Full Query.

Driver Consent for FMCSA Clearinghouse Queries

  • Pre‐Employment: Driver must provide specific consent to the Employer prior to each Full Query. This consent must be provided electronically within the Clearinghouse. Driver must be registered for a Full Query to be conducted.
  • Limited Annual Query: General consent required. Obtained outside the Clearinghouse and may be a multi-year general consent from the driver for limited queries. A sample limited consent form is posted on the Clearinghouse website for Employers’ reference. InOut Labs clients are provided a better version in editable format.
  • Full Annual Query: Electronic consent within the Clearinghouse is required prior to each search and consent must be received by Employer within 24 hours of request. Failure to consent would require the driver to be removed from Safety Sensitive Functions.
Driver's Consent to Clearinghouse Queries