You may be wondering, “Is the DOT Clearinghouse mandatory?” In a word, yes.
All Federal Motor Carrier Safety Administration (FMCSA)-regulated employers must follow the DOT Drug & Alcohol Clearinghouse rules in the United States. In particular, the FMCSA Clearinghouse final rule requires that all FMCSA-regulated employers run a Clearinghouse query before allowing an employee to operate a commercial vehicle on public roadways.
FMCSA-regulated employers will need to query the DOT Clearinghouse in two different situations:
When hiring or planning to hire a new employee.
Before letting a new driver operate a commercial vehicle on a public highway, prospective employers must query the Clearinghouse to ensure they have not failed to report any drug or alcohol program violations. Note that, for now, the DOT Clearinghouse does not absolve new employers of the responsibility to contact previous employers. Until the Clearinghouse contains three years of consecutive reporting data, employers still must manually contact prior employers to obtain this information.
During annual checks for each existing employee.
For every driver, an FMCSA-regulated employer employs, the employer must query the DOT Clearinghouse database once per calendar year to ensure their record remains clear of any unreported drug or alcohol program violations.
Continue reading for the answers to some of the most commonly asked questions about the DOT Drug and Alcohol Clearinghouse, and to stay abreast of new employer responsibilities.
What is the DOT Drug and Alcohol Clearinghouse?
The Clearinghouse is a secure database, accessible online, that contains information about drug and alcohol program violations by commercial driver’s license and commercial learner’s permit holders. It is operated by the U.S. Department of Transportation’s FMCSA.
Is the Drug and Alcohol Clearinghouse mandatory?
Yes, the use of the Drug and Alcohol Clearinghouse is mandatory. This means that FMCSA-regulated employers must promptly report any drug or alcohol program violations to the Clearinghouse. It also means that employers must run a check on prospective employees before those employees operate a commercial vehicle on public roadways.
Who has to sign up for the FMCSA Clearinghouse?
The following groups of people must sign up for the FMCSA Clearinghouse:
- FMCSA-regulated employers
- Holders of commercial driver’s licenses
- Medical review officers
- Substance abuse professionals
- State driver’s licensing agencies
- Third-party administrators
The responsibilities of each of these groups will differ depending on their function. For example, FMCSA-regulated employers of drivers will need to submit queries of their employees to ensure the safety of the public. Substance abuse professionals, on the other hand, will be required to report any failed drug or alcohol program violations to the Clearinghouse to ensure the database remains comprehensive and current.
If my driver fails a DOT drug test, do I have to report it?
Yes, driver employers must promptly report a failed DOT drug test by one of their drivers to the Clearinghouse. Failure to report a drug or alcohol violation is itself a violation of regulations found in Parts 40 and 382 of Title 49 Code of Federal Regulations.
Do I still have to call prior employers or can I just check the Clearinghouse?
For the time being, prospective employers still must call prior employers in addition to checking the Clearinghouse. However, once the Clearinghouse contains three consecutive years of data (which will occur in 2023), manual previous employer checks will no longer be required.
Final thoughts about the DOT FMSCSA Clearinghouse
The FMCSA Clearinghouse is an attempt to harmonize the rules around drug and alcohol safety in the transportation industry and to simplify the ability of employers to meet their obligations in this area.
At first, the new rules, especially the FMCSA Clearinghouse final rule, simply seem to add another layer of obligations on top of employers’ already existing responsibilities. After all, employers now will be required to run a Clearinghouse query in addition to running manual checks of previous employers.
However, once the Clearinghouse contains three consecutive years of data (which will occur in January of 2023), employers will no longer be required to run manual checks, and the process will be significantly simplified.
For more information about DOT Clearinghouse rules and employer responsibilities, visit health-street.net/drug-tests/employment/dot.