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The Clearinghouse is a secure online database that identifies, in real time, commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to drug and alcohol program violations.

The regulatory requirements for the Clearinghouse were established in FMCSA’s final rule, titled “Commercial Driver’s License Drug and Alcohol Clearinghouse” (81 FR 87686).

According to the FMCSA, the Clearinghouse database helps keep road safer for all drivers by:

• Making it easier for employers to meet their pre-employment investigation and reporting obligations.
• Making it more difficult for drivers to conceal their drug and alcohol violations from current or prospective employers.
• Providing roadside inspectors and other enforcement personnel with the means to ensure that drivers receive required evaluation and treatment before performing safety-sensitive functions, such as driving a CMV.
• Making it easier for FMCSA to determine employer compliance with testing, investigation, and reporting requirements.

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The Clearinghouse contains records of drug and alcohol program violations that occur on or after January 6, 2020, and will maintain up to five years of data on violations or until the return-to-duty process is complete, whichever is longer. Specifically, the Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including:

• Report for duty/remain on duty for safety-sensitive function with alcohol concentration of 0.04 or greater or while using any drug specified in the regulations (Part 40), other than those prescribed by a licensed medical practitioner.
• Alcohol use while performing or within 4 hours of performing a safety-sensitive function.
• Alcohol use within 8 hours of an accident, or until post-accident test, whichever occurs first.
• Test positive for use of specified drugs.
• Refusing to submit to a required alcohol or drug test.

In order to regain CDL driving privileges following a positive test result, drivers are required to complete a return-to-duty (RTD) program that involves multiple follow-up tests for controlled substances. When a driver completes the RTD process (see 49 CFR Part 40 Subpart O) and follow-up testing plan, this information will also be recorded in the Clearinghouse. If a driver does not complete the RTD process, the violation information will be maintained in the Clearinghouse indefinitely.

It should be noted that if a driver’s violation occurred prior to January 6, 2020, and he/she was in the RTD process when the Clearinghouse was implemented, the violation and any related RTD activity is not the Clearinghouse.

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The Clearinghouse affects all CDL drivers who operate CMVs on public roads and their employers and service agents including, but not limited to:

• Interstate and intrastate motor carriers, including passenger carriers
• School bus drivers
• Construction equipment operators
• Limousine drivers
• Municipal vehicle drivers (e.g., waste management vehicles)
• Federal and other organizations that employ drivers subject to FMCSA drug and alcohol testing regulations (e.g., Department of Defense, municipalities, school districts)

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Authorized users of the Clearinghouse include:

• FMCSA-regulated employers
• Medical Review Officers (MROs)
• Consortia/Third-Party Administrators (C/TPAs)
• Substance Abuse Professionals (SAPs)
• FMCSA
• Law enforcement personnel
• State Driver Licensing Agencies (SDLAs)
• CDL Drivers

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January 6, 2020
Authorized users are required to complete the actions described in the Clearinghouse final rule. Employers are required to conduct both electronic queries in the Clearinghouse and traditional manual inquiries with previous employers to meet the three-year timeframe for checking CDL driver violation histories. Drivers may also view their own records for information recorded on or after January 6, 2020.

January 6, 2023
Once three years of violation data are stored in the Clearinghouse, employers are no longer required to also request information from the driver’s previous FMCSA-regulated employers under 391.23(e); an employer’s query of the Clearinghouse will satisfy that requirement.

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• Employers: Report drug and alcohol violations and check that no current or perspective employee is prohibited from performing safety-sensitive functions, such as operating a CMV, due to a drug and alcohol program violation for which a driver has not successfully completed a RTD process.
• CDL Drivers: View own record, provide consent to current or prospective employers to access details about any drug and alcohol program violations, and select a Substance Abuse Professional, if needed.
• Medical Review Officers (MROs): Report verified positive drug test results and test refusals.
• Substance Abuse Professionals (SAPs): Report RTD initial assessment and eligibility status for RTD testing.
• Consortia/Third-Party Administrators (C/TPAs): On behalf of an employer, report drug and alcohol program violations and perform driver queries as required.
• State Driver Licensing Agencies (SDLAs): Query the Clearinghouse prior to completing licensing transactions, such as the issuance, renewal, transfer, and upgrade of a CDL. (FMCSA has extended the compliance date for the requirement established by the Clearinghouse final rule that States query the Clearinghouse before completing certain CDL transactions. The SDLAs’ mandatory compliance with this requirement, which was due to begin on January 6, 2020, has been delayed until January 6, 2023. SDLAs currently have the option to voluntarily query the Clearinghouse.)

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All FMCSA-regulated employers must:

• Report Drug and Alcohol Program Violations – Employers must report drivers’ drug and alcohol testing program violations to the Clearinghouse by the close of the 3rd business day after the employer is informed.
• Perform a Full Query Pre-Employment Screening – Employers must query the Clearinghouse to ensure that all new hires and transfers are eligible to drive before allowing them to operate a commercial motor vehicle. Before the employer may conduct a full query, the driver must submit electronic consent through the Clearinghouse granting the employer access to his/her records.
• Conduct an Annual Query of All Current Drivers – Employers must conduct a limited query of the Clearinghouse at least once a year on each of the carrier’s drivers to determine whether there is a record about the driver in the database. An employer may not conduct a limited query on a driver without first obtaining that driver's written or electronic consent.

The Clearinghouse supports the option for employers to conduct queries individually, or to upload multiple queries at once. To conduct a bulk query, download and complete the Bulk Query Template File.

Employer Responsibilities Beginning January 6, 2020 (click to view)

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• A limited query only identifies whether information about the driver exists in the Clearinghouse, but does not include detailed violation information.
• If the limited query shows that information exists in the Clearinghouse about an individual driver, the employer is required to run a full query within 24 hours of the limited query. The employer will only be charged once for both queries.
• A driver can perform safety-sensitive duties, such as operating a CMV, only if the full query shows successful completion of an SAP program, negative RTD test results, and completion of a follow-up testing plan.
• If the employer fails to conduct a full query within 24 hours after the limited query, the employer must not allow the driver to perform/continue to perform any safety-sensitive function until the employer conducts the full query, and the results confirm that the driver's Clearinghouse record contains no drug or alcohol prohibitions.

The Clearinghouse final rule requires that employers retain a record of each query and all information received in response to each query for three (3) years. As of January 6, 2023, an employer who maintains a valid registration fulfills this requirement. However, Lancer suggests that employers print and maintain copies of all query reports as part of your company’s documented safety and compliance program.

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An owner-operator—an employer who employs himself or herself as a CDL driver—is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must register and designate a C/TPA to comply with the employer’s Clearinghouse reporting requirements (§ 382.705(b)(6)) related to his or her own alcohol and controlled substance use.

To ensure compliance, owner-operators should confirm that their C/TPA(s) is reporting all drug and alcohol violations, negative RTD results and the successful completion of a driver’s follow-up testing plans to the Clearinghouse.

Owner-operators or C/TPAs may report violation information about other drivers employed by the owner-operator. However, if an owner-operator commits a drug and alcohol program violation, this information must be reported by the C/TPA.

Additionally, all current drivers—including the owner-operator—must be queried at least annually. Queries may be conducted by owner-operators or C/TPAs. All queries require driver consent.

Until January 6, 2023, owner-operators or their C/TPAs must conduct both electronic queries in the Clearinghouse and manual, offline inquiries to previous employers for pre-employment driver investigations.

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An employer may not query the Clearinghouse to determine whether a record exists for any particular driver (limited query) without first obtaining that driver's written or electronic consent. The limited query consent form must specify a time range, and the employer conducting the search must retain the consent for three (3) years from the date of the last query.

Before the employer may access information contained in the driver's Clearinghouse record (full query), the driver must submit electronic consent through the Clearinghouse granting the employer access to the following specific records:

• A verified positive, adulterated, or substituted controlled substances test result
• An alcohol confirmation test with a concentration of 0.04 or higher
• A refusal to submit to a test in violation of §382.211
• An employer's report of actual knowledge, as defined at §382.107, of:
  • On duty alcohol use pursuant to §382.205
  • Pre-duty alcohol use pursuant to §382.207
  • Alcohol use following an accident pursuant to §382.209
  • Controlled substance use pursuant to §382.213
• An SAP report of the successful completion of the return-to-duty process
• A negative return-to-duty test
• An employer's report of completion of follow-up testing

Employers may not permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent to query the Clearinghouse.

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Authorized users must register to access the Clearinghouse. Registration, which takes about 15 minutes, is free, and is available at https://clearinghouse.fmcsa.dot.gov/register.

Clearinghouse registration is valid for five (5) years, unless cancelled or revoked. FMCSA will cancel Clearinghouse registrations for anyone who has not queried or reported to the Clearinghouse for two (2) years.

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FMSCA-regulated employers must register prior to conducting any queries or reporting any driver drug and alcohol program violations, or designating a C/TPA to access the Clearinghouse on their behalf. Employers must purchase a query plan, which start at $1.25, in the Clearinghouse in order to conduct limited and full queries. Employers can only purchase a query plan on the FMCSA Clearinghouse website. Learn more about the query plans.

It should be noted that a C/TPA:

• May not purchase a plan on behalf of an employer.
• Must be registered in the Clearinghouse before an employer can select the C/TPA.
• Must be designated by the employer before reporting drug and alcohol violations or querying the Clearinghouse on its behalf.

Please also note that although motor carriers may designate a C/TPA to report violations and/or conduct queries on their behalf, the employer is ultimately responsible for compliance.

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Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record – this includes all pre-employment queries. A driver must also be registered to electronically view the information in his or her own Clearinghouse record.

In addition, each time information is added to, modified or removed from the Clearinghouse or information is released to an employer, FMCSA will notify the affected driver by U.S. mail; drivers will have to register with the Clearinghouse to receive notification electronically.

There are no fees for a driver to register or access their own record in the Clearinghouse.

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• Drug & Alcohol Clearinghouse
• Drug & Alcohol Clearinghouse Factsheet
• Drug & Alcohol Clearinghouse FAQs
• Drug & Alcohol Clearinghouse Final Rule
• Drug & Alcohol Clearinghouse Learning Center
• Drug & Alcohol Clearinghouse Query Plans
• Drug & Alcohol Clearinghouse Queries and Consent Requests
• Drug & Alcohol Clearinghouse Registration
• Drug & Alcohol Clearinghouse Registration and Requirements For CDL Drivers
• Drug & Alcohol Clearinghouse Registration and Requirements For Employers
• Drug & Alcohol Clearinghouse Registration and Requirements For Owner-Operators
• Drug & Alcohol Testing Brochure for Drivers
• How Will I Use the Clearinghouse?
• Implementation Guidelines for Alcohol and Drug Regulations
• Registration: Employers with Portal Accounts
• Registration: Employers without Portal Accounts
• 49 CFR – Part 40: Procedures for Transportation Workplace Drug and Alcohol Testing Programs
• 49 CFR – Part 382: Controlled Substances and Alcohol Use and Testing

Lancer policyholders can obtain further assistance regarding the Clearinghouse by contacting the Lancer SafetyLink Hotline . The SafetyLink Hotline is for Lancer Policyholder Use Only.