Who Is Impacted By the Clearinghouse Rules?

As an employer, commercial driver, owner, human resource professional in the CMV field, or risk management specialist, you have probably begun familiarizing yourself with the Drug and Alcohol Clearinghouse Rule passed by congress. In fact, you may have more questions than answers at this point. Our site hopes to rectify that through educational resources, trainings, and online information to help each person invested in this field understand their role and how to legally complete it. 

One common question we face is, “Who does this impact?” Or often, “What is my responsibility when it comes to this new legislation?” These are great questions, and we are here to help. Here’s a quick review of who this new legislation impacts as well as what your obligation is dependent upon your position.

Groups Impacted by the Drug and Alcohol Clearinghouse Rule 

The code of federal regulation outlined in the FMCSA's Clearinghouse affects mostly drivers, owners, and employers of commercial trucks and buses.  

The employees who are covered under this legislation include: 

  • An operator of a Commercial Motor Vehicle (CMV) such as a bus or truck with a gross vehicle weight rating (gvwr) of 26,001 or more pounds
  • An operator who drives a vehicle designed to transport 16 or more occupants (including the driver.)
  • An operator of a vehicle of any size that is used in the transport of hazardous materials that require the vehicle to be placarded.

While employees are the focus of this law, other members of the commercial trucking and busing industry are obligated to use the Clearinghouse as a means to improve safety on our nations’ highways. 

It is the duty of every employee, employer, and owner in this field to register on the Clearinghouse. In addition, owners and employers are required to report all drug and/or alcohol violations, and to check that all current employees and prospective employees are presently prohibited from conducting safety-sensitive functions such as operating a CMV if they have not passed the drug and alcohol screening. 

Outside of the workplace there are also other professionals that will feel the impact of this law. Medical Review Officers (MROs) and Substance Abuse Professionals also have the obligation to verify test results, report refusal of tests, and inform human resources officers or owners of eligibility status of the drivers in question. 

Third party administrators and state licensing boards will also be granted access to query program violations and report drug and alcohol program violations. 

If you are unsure what your role and obligation is regarding the new FMCSA's Clearinghouse Rule, please feel free to contact us and check out our FAQs on our website.