Be prepared for new regulations starting January 6th, 2020!
What is the Clearinghouse?
The FMCSA Clearinghouse is a government online database for storing positive drug testing results. Employers are to register and report all positive DOT-FMCSA drug/alcohol results for their employees. Those results are then searchable by prospective employers to see if candidates have had prior positive results, and whether they have completed the SAP / RTD process.
These new federal regulations apply to all Motor Carriers and their CDL employees.
How do I register?
Register by following the below steps before January 6th, 2020:
Go to https://clearinghouse.fmcsa.dot.gov/
Register your Company / Entity
When registering, select PROCOM as your Consortium / TPA
Then what do I need to do?
Starting on January 6th, 2020 all motor carriers will be required to ‘query’ the database for every Pre-employment driver background investigation, and at least once a year for every Driver they employ. This function will remain the responsibility of the employer and is in addition to your previous employer background checks.
More details regarding the Clearinghouse:
Why is this needed?
With the old system an employee who had tested positive at a prior employer could simply not include that employer on their job application. Or, similarly, an owner-operator who had tested positive could choose to not declare their prior positive results. The intent of the Clearinghouse is to increase the transparency about prior positive results and make sure that the SAP (Substance Abuse Professional) / RTD (Return to Duty) process is followed and completed before drivers return to safety sensitive functions.
Why do I still need to call the prior employers?
This Clearinghouse will be the repository for all positive testing results, but it will take 3 years for it to be populated with enough data to be the only resource needed. At that point in time, the FMCSA will stop requiring prospective employers to reach out to prior employers for employee drug testing history.
What Clearinghouse functions will PROCOM assist with?
PROCOM will be responsible for reporting positive results to the Clearinghouse for companies who have designated us as their C/TPA. We will also help coordinate the reporting of the SAP referral process, including when Return to Duty Tests and Follow Up testing has been completed.
PROCOM will not submit queries on behalf of our clients as we have not traditionally played a role in background checks. Each client will need to establish their own account with the Clearinghouse and purchase their ‘query credits.’ Here is an explanation from the FMCSA about the credits needed to utilize the Clearinghouse query function: https://clearinghouse.fmcsa.dot.gov/Query/Plan/
I’m an owner-operator, do I still need to do this?
Yes, owner-operators are still subject to all of the same requirements for the clearinghouse. This means you must query yourself when you start operations and then again every year. Owner-operators MUST designate a C/TPA within the clearinghouse to be accountable for reporting violations on their behalf.
Will I need to change my drug testing policy?
Because this change results in incrementally more disclosure of positive drug testing results it may be advisable to update your policy to allow for it. We are looking into whether the PROCOM provided policy needs to be amended and will update this as we learn more.
Where can I learn more?
The FAQ page for the FMCSA Clearinghouse has a wealth of information: https://clearinghouse.fmcsa.dot.gov/FAQ