The new FMCSA Clearinghouse will make it easier to hire and retain safe drivers by ensuring that you know when a drug and alcohol violation occurs. This new process for verifying your employees’ violation history is designed to be more accurate than previous methods. To be compliant, employers must register with the Clearinghouse by January 6th, 2020, and select a designated TPA.
PROCOM is here to support you in this new compliance requirement. Below are three major components of the new Clearinghouse. If you have questions regarding the new regulations, please contact us by calling our Pueblo office at 1 (719) 295-1911, or by email at info@procomtesting.com.
#1: An Additional Step in the Pre-Employment Process
Before a new CDL driver can be on-boarded and put behind the wheel, carriers must get the driver’s consent and run a full Clearinghouse query to check for violations first. If it’s before January 6, 2023, they’ll also need to contact the driver’s previous employers to obtain this information. This will ensure they have three years of information available, as required by DOT regulations.
#2: The Annual Review Process
At least once a year for the duration of each driver’s employment carriers are required to query the Clearinghouse to check for new violations. This query can be either a limited or a full Clearinghouse check, but if a limited query shows that a new record exists, you’ll need to get the driver’s consent to run a full query within 24 hours.
#3: Managing Your DOT Drug & Alcohol Program
Not only do you need to check the Clearinghouse periodically to ensure your drivers are eligible to drive a CDL vehicle, but if one of them tests positive for drug use during a random drug test, or receives any other drug or alcohol violation, it is your responsibility to report that information to the Clearinghouse so that it can be added to the driver’s record. Third Party Administrator, Substance Abuse Professionals and Medical Review Officers all have this responsibility, as well.
Violations that you’re responsible for reporting to the Clearinghouse include:
- Positive drug test results
- Alcohol results with a blood alcohol content greater than 0.04
- Refusals to tests
- “Actual knowledge” violations
- Negative return-to-duty test results
You can register your company on the FMCSA Clearinghouse website by visiting the link below.
