How do I get a Clearinghouse Violation Cleared Up?

Are you prohibited from operating a commercial motor vehicle (CMV) due to a drug and alcohol program violation?  You must complete the return to duty process to clear up the violation.

A driver with a drug and alcohol program violation is prohibited from performing safety-sensitive functions, including operating CMVs, for any DOT-regulated employer until the return-to-duty process is complete. 

Starting November 18, 2024, as part of new Federal regulations, drivers with a “prohibited” status in the Drug and Alcohol Clearinghouse will lose or be denied their State-issued commercial driving privileges.

How do I complete the return-to-duty process and get back to being “not prohibited”?

The return-to-duty process is established by 49 CFR part 40, subpart O. A summary is below.

Select a Substance Abuse Professional

  • Your employer is required to provide you with a list of DOT-qualified Substance Abuse Professionals (SAPs). You select your SAP based on your own research.
  • Your designated SAP will evaluate you and provide
  • recommendations for education/treatment.
  • Your SAP will determine if you have successfully completed the education/treatment, therefore making you eligible for your return-to-duty test.

Take the return-to-duty test

  • You must be sent by your employer; only DOT-regulated employers, and not the employee, request the return-to- duty test. If you are an owner-operator, your designated consortium/third-party administrator (C/TPA) must send you for this test.

Once your Clearinghouse status is “not prohibited,” you are eligible to resume performing safety- sensitive functions.

  • Your status will be updated when your employer enters your negative return-to-duty test result in the Clearinghouse.
  • To remain in a “not prohibited” status, your employer must complete the follow-up testing plan with you as specified by the SAP, which must include a minimum of six unannounced follow-up tests in the first 12 months of returning to performing safety-sensitive functions. If you are an owner-operator, your designated C/TPA must complete your follow-up testing plan.

Information about your drug and alcohol program violation is retained in the Clearinghouse for five years from the date of the violation determination or until the successful completion of the follow-up testing plan, whichever is later.

Driver assistance for all FMCSA Clearinghouse issues is available from Clearinghouse Services, Inc. Just click and go to Driver Assistance is a private company not affiliated with the United States Department of Transportation (DOT) or the Federal Motor Carrier Safety Administration (FMCSA). It is our goal to assist employers, CDL drivers and Service Agents with their responsibilities mandated by the FMCSA Clearinghouse rule also known as the Commercial Driver’s License Drug and Alcohol Clearinghouse – 49 CFR Part 382, Subpart G. Contact the FMCSA Clearinghouse Team directly – Click or Call 844-955-0207