Need Help Navigating the Clearinghouse?
Get ready for January 6th, 2020
Employers who do not comply with the FMCSA Clearinghouse requirements are subject to the civil and/or criminal penalties set forth at 49 U.S.C. 521(b)(2)(C) (i.e., civil penalties not to exceed $2,500 for each offense). The Drug & Alcohol Clearinghouse was created by an act of Congress requiring DOT FMCSA to create the Clearinghouse Online Database.
We can help you stay compliant
FMCSA Clearinghouse Services will help employers stay compliant. Services available include:
Helping you find a quality driver
FMCSA Clearinghouse Services provides compliant services to all FMCSA regulated employers needing assistance with the Clearinghouse. The Clearinghouse will help you find and employ quality drivers that do not have substance abuse issues. With the Clearinghouse you will be confident that you are not hiring a driver who has failed drug or alcohol tests and not completed the required return to duty process with the Substance Abuse Professional (SAP) program. Save time and money with your Clearinghouse responsibilities. FMCSA Clearinghouse Services can help you navigate the process and handle for you the required queries and required reporting.
Up to date Database
The Clearinghouse is a new FMCSA database which will contain information pertaining to violations of the U.S. Department of Transportation (DOT) controlled substances drug and alcohol testing program for holders of CDLs. Go to the FMCSA Drug & Alcohol Clearinghouse website to stay up to date regarding the regulatory requirements about the Clearinghouse.
FMCSA Clearinghouse Services has been formed to help motor carriers and owner operators stay in compliance with the requirements of the Clearinghouse which take effect January 6, 2020.
Beginning January 6, 2020; employers must conduct both electronic queries within the Clearinghouse and manual inquiries with previous employers to cover the preceding three years of employment history. The manual paper process will end January 6, 2023, and employers will then only query the Clearinghouse to satisfy the employer requirement to identify prospective drivers who have committed previous drug and alcohol program violations. What are my responsibilities as an employer?
Query the Clearinghouse for current and prospective employees’ drug and alcohol program violations before permitting those employees to operate a commercial motor vehicle on public roads
Query the Clearinghouse annually for each driver they currently employ
Report to the Clearinghouse positive alcohol tests and employer determined refusals to test
Be clear with your employees
Employers must also add language to their FMCSA drug and alcohol testing policies to notify drivers and driver-applicants that the following information will be reported to the Clearinghouse:
Employers must ensure the above reporting requirements are met within three business days after the employer learns of the information.
FMCSA Clearinghouse Service is here to help employers with these requirements.
Under the Clearinghouse final rule, an employer who employs himself/herself as a driver (owner operator) must designate a third-party administrator (TPA) to comply with the Clearinghouse reporting requirements. FMCSA Clearinghouse Services as a third-party administrator (TPA) offers this service to owner-operators.
Let us help you get started
FMCSA Clearinghouse Services helps employers update their policies as required to notify drivers and driver-applicants of these new requirements to the drug & alcohol testing rules.
The Clearinghouse rules require that employers notify drivers that drug and alcohol test information will be reported to the Clearinghouse beginning January 6, 2020 so as to encourage drivers to seek substance abuse treatment if they currently have a problem with the misuse of alcohol and/or use of a controlled substance(s). FMCSA Clearinghouse Services can help employers with this requirement.
Drivers will need to register with the Clearinghouse so that they can consent to allowing carriers to query the database for their records. Starting in October, drivers seeking new employment should begin to register. FMCSA Clearinghouse Services can assist drivers with the process of registration into the Clearinghouse.
FMCSA Clearinghouse Services provides compliant services to all FMCSA regulated employers needing assistance with the Clearinghouse.