C/TPA Responsibility in the FMCSA Clearinghouse

As a TPA or C/TPA, what is my responsibility in the FMCSA Clearinghouse?  Am I required to do anything? 

Below we will define what a TPA or C/TPA is, but for now to answer the above questions.  The TPA or C/TPA has no responsibility in the Clearinghouse. The TPA or C/TPA is not required to do anything.  This is of course if you elect to NOT provide any Clearinghouse services to your clients – employers including owner operators.  In this case you would not even register in the Clearinghouse.

If as a TPA or C/TPA you are going to provide Clearinghouse services to your clients including employers and/or owner operators; you must register, and you will have Clearinghouse responsibilities and requirements.  Once you register and you are listed in the Clearinghouse, your clients can register and designate you in the Clearinghouse as their C/TPA. You will be required to accept or not accept their request to designate you as their C/TPA for the Clearinghouse.

C/TPA Clearinghouse Responsibilities and Requirements

If yes, you want to provide Clearinghouse services to your clients, here is some valuable information you will need.

  1. You must register one main person in the Clearinghouse and this person can assign other users in the Clearinghouse who will register by invitation from the main person.
  2. You must follow the FMCSA Clearinghouse rules
  3. Only the MRO will report positive drug tests and MRO determined refusals
  4. On behalf of your client you can report alcohol positive results of 0.04 or above and employer determined refusals
  5. On behalf of your clients you can report negative return to duty tests and completion of the follow up testing schedule (completion only, not all the tests) 
  6. Owner operators must use a C/TPA for reporting to the Clearinghouse, if you elect to offer Clearinghouse services to your owner operators you must then report their violations.
  7. You can conduct Clearinghouse queries on you client’s applicants and employees.  Pre-employment queries are required along with annual limited queries on all current employees 

Can The C/TPA Help Employers and Drivers with Clearinghouse Registration?

The C/TPA cannot register employers and drivers, but the C/TPA can assist and walk the employer or driver through the registration process.  All users must first create a Login.gov account to access the Clearinghouse registration. There is a two-step Multi-factor authentication process that will verify the person registering is the same person. You can access registration instructions for Drivers, Employers or C/TPA.

Is the C/TPA Required to Run Queries for Owner Operators 

Employers including owner operators must run queries on new employees (pre-employment) and an annual query on all employees (FMCSA safety sensitive).  The employer or owner operator can hire the C/TPA to provide this service. There is no requirement for a C/TPA to run queries for employers including owner operators.  As a C/TPA you need to decide if you will be providing this service.

What is a TPA ?

The TPA term stands for third party administrator.  In the drug testing industry, the third-party administrator (TPA) takes care of a variety of services for employers that have drug and alcohol testing programs.  These services can include specimen collection, breath alcohol testing, laboratory analysis, result review and reporting by a medical review officer, random testing programs, consortium programs, drug testing software portals, drug free workplace policies and customer service for a well-managed drug testing program.

What is a C/TPA ?

The C/TPA is the same as above.  DOT coined the phrase C/TPA adding the C in front to stand for Consortium.  TPA’s manage random testing consortiums for employers and owner operators to help them keep in compliance with the DOT random testing requirements.  The Consortium is grouping employers together for one larger random testing pool.  Owner operators are required to be in a Consortium. 

Assistance with the Clearinghouse is available to C/TPA’s.