Owner Operators and the FMCSA Clearinghouse

Owner Operators and the FMCSA Clearinghouse

Last updated on October 2nd, 2020 at 01:40 pm

For owner operator clients of National Drug Screening, please pay careful attention to these instructions:

January 6th, 2020 is the effective date for the new FMCSA Drug and Alcohol Clearinghouse.  As a regulated motor carrier, you are affected by this new rule and the addition to Part 382.  You are required to comply as any FMCSA employer is. Part 382.727 states: § 382.727 Penalties. An employer, employee, MRO, or service agent who violates any provision of this subpart shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b)(2)(C).

What does this mean to you as an owner operator?

 As a client of National Drug Screening, Inc (NDS) enrolled into our random consortium for FMCSA drug and alcohol testing; NDS will assist you with your responsibilities and compliance with the FMCSA Clearinghouse rule.  Listed below is what needs to happen:

  • You will need to register as an employer in the FMCSA Clearinghouse and designate  National Drug Screening, Inc as your C/TPA – Consortium/Third Party Administrator.
  • You will add your driver information to your employer registration including your CDL #
  • As an employer you will need to purchase annually two Query credits in the Clearinghouse system, they are $1.25 each.
  • If you are just starting your business, you must request that NDS run a query on you for drug & alcohol test violation history.  You will need to log into the Clearinghouse and consent to this request.
  • Annually, NDS will be required to run a query on you.  This will be a limited query and will require a paper consent form which NDS will provide in a separate communication.
  • If you have a positive drug test or an MRO determined refusal to test, the MRO will report this event to the Clearinghouse
  • If you have an employer determined refusal to test, an alcohol positive test (greater than 0.04) or if there is actual knowledge of drug/alcohol use while performing safety sensitive duties; NDS as C/TPA is required to report any of these events to the Clearinghouse.
  • If you have to go to a Substance Abuse Professional (SAP) for a drug/alcohol violation; NDS will report to the Clearinghouse a negative return to duty test and the completion of any required, follow up testing.

If you have questions regarding this information, please e-mail randoms@nationaldrugscreening.com or call 321-622-2262

The above information is required as part of the DOT FMCSA regulations and as a member of the National Drug Screening (NDS) FMCSA consortium program for owner operators. Go to https://clearinghouse.fmcsa.dot.gov/Register for registration.  Visit https://bit.ly/36Ses4W for registration instructions for employers.