What is the FMCSA Drug and Alcohol Clearinghouse?
FMCSA's Commercial Driver's License Drug and Alcohol Clearinghouse, a secure electronic federal database, will go into effect on January 6, 2020, and will contain information about drivers who hold commercial driver's licenses (CDLs), are covered by the requirements of FMCSA's Part 382 (Drug and Alcohol Testing regulation), and have violated a prohibition set forth in Part 382.
What types of violation information will be in the Clearinghouse?
The Clearinghouse will include information about:
- Positive DOT drug test results
- DOT alcohol results of 0.04 BAC and above
- Refusals to submit to DOT tests
- Instances of alcohol use within four hours prior to performing (or while performing) a "safety-sensitive function, and
- Alcohol use prior to post-accident alcohol testing.
These violations will be reported by the employer, their medical review officer (MRO), or their third-party administrator (TPA) for all CDL-holding employees subject to Part 382.
What types of drivers are subject to Clearinghouse reporting?
The above-listed violations will be reported for all CMV drivers operating on public roadways and subject to 49 CFR Part 382. This includes, but is not limited to:
- Interstate and intrastate commercial motor carriers
- Municipal (e.g. public works) drivers
- School bus drivers, and
- Over-the-road coach operators
How will the Clearinghouse be used?
All employers of CMV operators covered by 382 will be required to report violations of Part 382 to the Clearinghouse. They will also be required to check the Clearinghouse for violation information for any new applicants (at time of hire), and once per year for all current CDL employees. The employer must obtain the CDL driver's consent before making any queries, but will not be able to use the employee in a safety-sensitive function (e.g., CMV driving) if consent is not provided.
Additionally, state licensing agencies (DMVs, RMVs, etc.) will be required to query the database when completing applicable licensing transactions, such as processing an initial commercial driver's license application or a CDL renewal.
How will Clearinghouse Navigator help me?
This commercial website - not affiliated with FMCSA or US DOT - and its extensive eLearning resource center will help all stakeholders maintain immediate and ongoing compliance with the new requirements of 49 CFR Part 382, Subpart G.
- Employers can learn how to properly report violations into the Clearinghouse, how to correctly obtain applicant/employee query consent, how to query the electronic database, and how to maintain required records in a compliant manner
- Medical Review Officers (MROs) and Consortia/Third-Party Administrators (TPAs) can learn about the database reporting process, and their role in supporting covered employers as well as individual drivers effected by the new rule
- Substance Abuse Professionals can learn about the requirements of the new §382.705(d), which directs SAPs to report individual drivers' compliance with the Return-to-Duty process set forth in DOT's 49 CFR Part 40
- Individual drivers can learn how to review their own record in the online database, how to provide electronic consent for the querying of their information, and how to petition FMCSA for the removal or change of information in the database, as allowed by §382.717.
- State licensing agencies can learn how to query the Clearinghouse upon an individual's application for the issuance or renewal of a Commercial Drivers' License, and can learn about the unique parameters surrounding their access to the database
This website will have robust online courses giving Clearinghouse users confidence that they can meet the requirements of the new rule in a timely and efficient manner. Additionally, we will have an extensive suite of regulatory reference material, an interactive knowledge base, and live help desk via chat and telephone.
Finally, this site will provide employers and other Clearinghouse users the opportunity to engage our expert staff for on-site training, or to learn from them at seminars hosted throughout the country.