A new FMCSA database will contain information pertaining to violations of the U.S. Department of Transportation (DOT) controlled substances drug and alcohol testing program for holders of CDLs. This will be called the Federal Motor Carrier Administration (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse).
Only employers who employ drivers subject to the licensing requirements in FMCSA Part 383 and the drug and alcohol testing requirements in Part 382 will be permitted to query or report information to the Clearinghouse. The Clearinghouse will contain only violations that occurred on or after the rule’s implementation date of January 4, 2020.
The Clearinghouse regulations will require employers to both queries and report information regarding CDL-drivers. Once the Clearinghouse is established and operational, employers will be required to report to the Clearinghouse specified violations of the DOT drug and alcohol testing program incurred by their current and prospective CDL drivers. In addition, all employers of CDL drivers will be required to conduct pre-employment queries through electronic requests for information to determine whether prospective hires have unresolved drug or alcohol violations that prohibit them from performing safety-sensitive functions. Employers will also be required to query the Clearinghouse annually to determine whether current employees have incurred drug or alcohol violations while working for another employer.
Owner-operators will be required to query the Clearinghouse (§ 382.701). Owner-operators must comply with all Clearinghouse requirements imposed on both employers and employees.
Medical Review Officers
Medical Review Officers (MRO) will be required to report refusals and positive results including any changes to reported results that change a result from negative to positive or positive to negative. Within two business days of making a determination or verification of a DOT-approved drug test, an MRO must report the following driver information to the Clearinghouse:
- Verified positive drug test results
- Refusal-to-test determinations based on the employee’s inability to provide a sufficient specimen for testing, or the adulteration or substitution of a specimen
Under new FMCSA rules in conjunction with the Clearinghouse, the driver’s CDL number and state of CDL issuance will be used for donor identification when completing the federal CCF or the ATF. This will replace the current requirement of either the social security number or an employee identification number.
Substance Abuse Professionals (SAP) will have requirements to report to the Clearinghouse as follows:
- SAP’s contact information
- Driver’s name, date of birth, CDL number and State of issuance
- Date of initial substance abuse professional assessment
- Date the SAP determined the driver demonstrated successful compliance with return-to-duty requirement and was eligible for return-to-duty testing
Information about the FMCSA Clearinghouse will need to be included in an employer’s DOT FMCSA written drug & alcohol policy. Significant updates will need to be added to FMCSA drug and alcohol testing policies. CLICK HERE for a suggested procedure document for including the Clearinghouse information in your DOT FMCSA written policy.
Contact National Drug Screening for expert assistance with DOT FMCSA written drug & alcohol testing policies and for assistance including the provisions of the Clearinghouse.Related Articles on the FMCSA Clearinghouse