The Clearinghouse is a secure online database that will give employers, the 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. An act of Congress directed the Secretary of Transportation to establish the Clearinghouse.
The Clearinghouse will enable employers to identify drivers who commit a drug and alcohol program violation while working for one employer, but who fail to subsequently inform another employer (as required by current regulations).
Improving Highway Safety
The Clearinghouse will provide FMCSA and employers the necessary tools to identify drivers who are prohibited from operating a CMV based on U.S. Department of Transportation (DOT) drug and alcohol program violations, and ensure that such drivers receive the required evaluation and treatment before operating a CMV on public roads.
The Clearinghouse Rule
The Clearinghouse rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40 and 382 by current and prospective employees.
The Clearinghouse will also require the following:
Employers will be required to query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a CMV on public roads.Employers will be required to annually query the Clearinghouse for each driver they currently employ.
Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record—this will include all pre-employment queries beginning on January 6, 2020.
A driver must also be registered to electronically view the information in his or her own Clearinghouse record.
Drivers who register before January 6, 2020, will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers on or after January 6, 2020. Registration is available at https://clearinghouse.fmcsa.dot.gov/register.
Source: FMCSA.dot.gov