FMCSA Drug and Alcohol Clearinghouse: What Employers Must Know

What Is the FMCSA Drug and Alcohol Clearinghouse?

The FMCSA Drug and Alcohol Clearinghouse is a federal online database that contains records of violations of DOT drug and alcohol testing regulations by CDL drivers. It launched on January 6, 2020, and is now a mandatory component of the CDL driver hiring process for all FMCSA-regulated employers.

The Clearinghouse prevents drivers with unresolved drug or alcohol violations from simply moving to another motor carrier and driving without completing the required return-to-duty process.

Who Must Use the Clearinghouse

All FMCSA-regulated motor carriers must:

• Query the Clearinghouse before hiring a CDL driver
• Query the Clearinghouse annually for all current CDL drivers
• Report violations of DOT drug and alcohol regulations to the Clearinghouse
• Designate a Clearinghouse employer representative

Employers must also designate any C/TPA (Consortium/Third-Party Administrator) they use to assist with reporting and query obligations.

What Gets Reported to the Clearinghouse

The following must be reported:

• Verified positive drug test results
• Alcohol test results of 0.04 or greater
• Refusals to test (including adulterations and substitutions)
• Actual knowledge of drug or alcohol use
• Negative return-to-duty test results
• Completion of follow-up testing

Reporting deadlines: Violations must be reported within 3 business days of the verified result or employer knowledge. Return-to-duty completions must be reported within 3 business days of the negative RTD test.

Pre-Employment Queries

Before a CDL driver performs safety-sensitive functions for the first time, the employer must conduct a full pre-employment query of the Clearinghouse. This requires the driver's electronic consent through the Clearinghouse system.

If the full query reveals:

• No violations: Driver can proceed (after the pre-employment drug test)
• An unresolved violation: Driver cannot perform safety-sensitive functions until the violation is resolved through the RTD process

Annual Queries

After the initial pre-employment query, employers must conduct at least one limited query per year for each CDL driver. A limited query checks whether there is any new Clearinghouse information for the driver.

If the limited query shows the driver has Clearinghouse records (a "hit"), the employer must then obtain the driver's consent for a full query to see the details.

What Drivers See

Drivers can create their own Clearinghouse accounts and view their records. They must provide electronic consent through the system before an employer can view their full record.

Consequences of Non-Compliance

Failure to query the Clearinghouse before hiring is a violation of 49 CFR Part 382. FMCSA auditors check Clearinghouse query records. Employers found not querying drivers before employment face civil penalties.

Registering with the Clearinghouse

Motor carriers must register at clearinghouse.fmcsa.dot.gov. The process is straightforward but must be completed before you can conduct queries or report violations.

At Do It Right Screening, we assist employers with Clearinghouse queries, reporting, and ongoing compliance management. Contact us to integrate Clearinghouse management into your driver compliance program.