The CLEARINGHOUSE is a federal database which collects, stores, archives data pertaining to CDL drivers' drug and alcohol test results and makes it available for federal and state agencies. It is a centralized system that gives agencies, testing laboratories, state DOTs, state troopers and trucking companies access to a CDL driver's testing data.

In the past, there was no system where pre-employment, random and post-accident follow-up or reasonable suspicion test results were stored. Previously, test results were stored in a Consortium/Third Party Administrator (Random Program Administrator) data files and made available to the DOT only when the DOT requested it, which was rarely, and usually due to an accident or during a DOT Audit. Now, this data is available right away to everyone by requesting queries once a driver completes a test.

Registration in the Clearinghouse is a Federally-required mandate.

The sign-up deadline was January 6, 2020.

Enforcement (for now) is only via a compliance review or a DOT Audit or Post-Accident review and is coming soon to Roadside Inspections by state troopers on daily basis.

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FMCSA Clearinghouse Registration
Questions & Answers

What is the Drug and Alcohol Clearinghouse (Clearinghouse) and what information does it contain?

The Clearinghouse is a secure online database that gives employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.

Last Updated : January 08, 2020

Who must register and what types of drivers and employers will the Clearinghouse affect?

All CDL drivers who operate CMVs on public roads and their employers and service agents. This includes, but is not limited to:

• Interstate and intrastate motor carriers, including passenger carriers
• School bus drivers
• Construction equipment operators
• Limousine drivers
• Municipal vehicle drivers (e.g., waste management vehicles)
• Federal and other organizations that employ drivers subject to FMCSA drug and alcohol testing regulations (e.g., Department of Defense, municipalities, school districts)

Last Updated : August 22, 2019

How will State Driver Licensing Agencies (SDLAs) use the Clearinghouse?

SDLAs will be able to query the Clearinghouse prior to completing licensing transactions, such as the issuance, renewal, transfer, and upgrade of a commercial driver’s license (CDL). The Federal Motor Carrier Safety Administration (FMCSA) has extended the compliance date for the requirement established by the Clearinghouse final rule that States query the Clearinghouse before completing certain CDL transactions. The SDLAs’ mandatory compliance with this requirement, currently due to begin on January 6, 2020, is delayed until January 6, 2023. SDLAs currently have the option to voluntarily query the Clearinghouse.

Last Updated : December 22, 2020

Who is authorized to use the Clearinghouse?

Authorized users include:

• CDL drivers
• Employers – this includes motor carriers and other employers of drivers operating commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) or commercial learner’s permit (CLP)
• Consortia/third-party administrators (C/TPAs)
• Medical review officers (MROs)
• Substance abuse professionals (SAPs)
• Enforcement personnel

Last Updated : September 30, 2019

May drivers access their own information in the Clearinghouse?

Yes. Once a driver has registered in the Clearinghouse, he or she will be able to access his or her Clearinghouse record electronically, at no cost. This record would include any drug and alcohol program violation information available in the Clearinghouse, along with the status of their return-to-duty (RTD) process, if applicable.

Last Updated : January 08, 2020

Who is a Clearinghouse Administrator?

An individual with an employer or consortium/third-party administrator (C/TPA) who can manage users on behalf of their company. Credentialed medical review officers (MROs) and substance abuse professionals (SAPs) are also considered Clearinghouse Administrators and can invite Clearinghouse Assistants.

Last Updated : October 30, 2019

Can there be more than one Clearinghouse user per company?

Yes. Employers, consortia/third-party administrators (C/TPAs), medical review officers (MROs), and substance abuse professionals (SAPs) need to register their company. The individual users are managed by a representative for each company who serves as a Clearinghouse administrator to manage the company’s account.

Last Updated : January 08, 2020

Should violations that occurred before the Clearinghouse Implementation Date be reported to the Clearinghouse?

No. The Clearinghouse contains only violations that occurred on or after January 6, 2020. If a driver’s violation occurred prior to January 6, 2020, and was in the return-to-duty (RTD) process when the Clearinghouse was implemented, the violation and any related RTD activity will not be entered into the Clearinghouse.

Last Updated : January 08, 2020

Does the final rule change any of the existing drug and alcohol program requirements in Part 40?

No, the final rule does not change any existing requirements in the U.S. Department of Transportation (DOT)-wide procedures for transportation workplace drug and alcohol testing.

Last Updated : July 22, 2019

How are substance abuse professionals (SAPs) required to use the Clearinghouse?

SAPs must use the Clearinghouse to report specific information about a CDL driver’s return-to-duty (RTD) activities. This information includes the date of completion of the initial SAP assessment, and the date the SAP determines that the driver is eligible for RTD testing, per § 382.705(d).

Last Updated : January 08, 2020

How are employers and consortia/third-party administrators (C/TPAs) required to use the Clearinghouse?

The Clearinghouse is a centralized database that employers use to report drug and alcohol program violations and to conduct queries, which check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process. Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees.

In addition, employers may designate a C/TPA who can report violations and/or conduct queries on their behalf. An owner-operator—an employer that employs himself or herself as a CDL driver, typically a single-driver operation—must designate the C/TPA in the Clearinghouse. To complete the actions outlined above, employers and C/TPAs are required to register in the Clearinghouse.

Last Updated : January 08, 2020

Is the Federal Motor Carrier Safety Administration (FMCSA) subject to the obligations under the Fair Credit Reporting Act (FCRA) for the Clearinghouse?

Yes. The Clearinghouse is subject to certain provisions of the FCRA. However, the Agency does not fall within FCRA’s definition of “consumer reporting agency.” Therefore, provisions of the FCRA that impose obligations on “consumer reporting agencies” do not apply to the Agency’s administration of the Clearinghouse regulations. If an employer or consortium/third-party administrator (C/TPA) is subject to the FCRA, they should comply with their individual requirements. Employers should consult with their own experts for more information on how to comply with FCRA.

Last Updated : July 22, 2019

For which actions in the Clearinghouse are employers charged a fee?

Employers are charged a fee to conduct limited and full queries within the Clearinghouse. There are no fees for registration or other Clearinghouse activities.

If requesting enrollment through this or any other affiliated websites managed by Federal Applications Processor such as clearinghouse.us, clearinghouseportal.us, management of account and query requests are included.

Last Updated : January 08, 2020

How do owner-operators meet their Clearinghouse obligations?

An owner-operator (an employer who employs himself or herself as a CDL driver, typically a single-driver operation) is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must designate a consortium/third-party administrator (C/TPA) to comply with the employer’s Clearinghouse reporting requirements (§ 382.705(b)(6)).

Last Updated : September 30, 2019

How does the Clearinghouse impact employers of commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders?

The Clearinghouse offers employers a centralized location to query driver information and report drug and alcohol program violations incurred by their current and prospective employees holding CDLs and CLPs. The employer must use the Clearinghouse to:

• Conduct a full query of the Clearinghouse as part of each pre-employment driver investigation process.
• Conduct limited queries at least annually for every driver they employ.
• Request electronic consent from the driver for a full query, including pre-employment queries.
• Report drug and alcohol program violations.
• Record the negative return-to-duty (RTD) test results and the date of successful completion of a follow-up testing plan for any driver they employ with unresolved drug and alcohol program violations.

Last Updated : August 22, 2019

What can a Clearinghouse Assistant do?

Employers and C/TPAs can assign Assistants to conduct queries and report drug and alcohol program violation information on their behalf. MROs and SAPs can assign Assistants to enter information in the Clearinghouse on their behalf.

Last Updated : October 30, 2019