Employers’ Guide to the Drug and Alcohol Clearinghouse

On January 6th, 2020 the Federal Motor Carriers Safety Administration (FMCSA) rolled out the secure, online Drug and Alcohol Clearinghouse database. Stored information includes driver violations of the FMCSA’s Drug and Alcohol Testing Program, as well as their progress made toward the DOT’s return-to-duty process. Quickly identifying violations and removing offenders will keep U.S. roads safer for everyone. Employers of safety-sensitive drivers, CDL drivers, Medical Review Officers, Substance Abuse Professionals (SAP), and Consortia/Third Party Administrators are all required to register within the FMCSA Clearinghouse.

Clearinghouse  Requirements for Employers

Employers of safety-sensitive drivers are now required to query the FMCSA Drug and Alcohol Clearinghouse as part of the pre-hire process to check for violations. If violations are found, the employer must make sure the driver has completed the DOT return-to-duty process. It is important to note that while the database builds for the next three years, until January 2023, employers are required to conduct both electronic and manual queries when requesting records from a driver’s previous employer(s).

Next, employers are required to report any CDL driver violations committed by their current safety-sensitive employees. Employers must disclose alcohol test results with concentrations of 0.04 or above. Plus, employers have to report any employee who refuses drug and/or alcohol testing. Finally, employers must divulge to the FMCSA Drug and Alcohol Clearinghouse any knowledge of a violation. It is necessary to submit these findings within three business days of obtaining the results.

What hasn’t changed is that employers must remove any employee who has violated the DOT’s drug and/or alcohol rules from their safety-sensitive position. To be considered for return to their safety-sensitive duties, the employee must meet with a SAP and complete a return-to-duty (RTD) process.

Once the driver completes the RTD, the employer conducting the return-to-duty test must report the negative test results to the FMCSA Clearinghouse. Additionally, the employer must also submit information of when the driver successfully completes their follow-up testing plan.

Employers who do not follow these requirements are subject to the civil and/or criminal penalties.

Team Up with SAP Referral Services

The new Drug and Alcohol Clearinghouse process may seem tough to navigate on your own. Partner with SAP Referral Services for assistance with compliance issues so your organization conforms with the DOT rules. And, should your employee fail or refuse a drug and/or alcohol test, we offer quick access to a network of thousands of DOT qualified SAPs across the country. For more information, contact us!

SAP Referral Services (SRS) is the leading facilitator for mandated substance abuse evaluations. SRS maintains an extensive network of qualified providers in more than 3,000 locations nationwide for testing violations that originate from any of the DOT’s modes including FMCSA, FAA, FRA, FTA, USCG and PHMSA, or a company’s internal drug and alcohol testing policy.