Understanding the Clearinghouse Status and CDL Downgrades in Effect November 18, 2024
The FMCSA Clearinghouse is a secure online database providing real-time data on drug and alcohol violations for CDL and CLP holders to employers, the FMCSA, SDLAs, and state law enforcement. Mandated by Congress, it helps employers identify CDL drivers with violations who may have failed to disclose incidents to new employers, supporting safer hiring practices and road safety initiatives.
Clearinghouse Improves Highway Safety
The FMCSA Clearinghouse equips FMCSA, SDLAs, and employers, MROs, SAPs, and C/TPAs with tools to identify drivers barred from operating commercial motor vehicles (CMVs) due to DOT drug and alcohol violations. This system ensures such drivers complete required evaluations and treatments before returning to CMV operation on public roads, promoting safer driving standards.
Clearinghouse Rules: Explained
1. The first Clearinghouse rule mandates that FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), and third-party administrators (C/TPAs) report any drug and alcohol violations by CDL drivers as per 49 CFR Parts 40 and 382. Employers must also check the Clearinghouse for potential and current employees’ records of violations before allowing CMV operation and conduct annual checks for all current CDL drivers. These requirements help ensure that drivers meet safety standards before they operate on public roads.
2. The second Clearinghouse rule (Clearinghouse-II) strengthens FMCSA’s mission to ensure only qualified drivers hold CDLs. Effective November 18, 2024, SDLAs must revoke commercial driving privileges for drivers in “prohibited” status until they complete the return-to-duty process. SDLAs must also check the Clearinghouse before issuing or updating CDLs and CLPs and review a driver’s record when notified of status changes by the FMCSA. SDLAs can voluntarily enforce these measures before the compliance date if state law allows.
Get in Touch with SAP Referral Services to Learn About Compliance and to Locate Qualified SAPs Nationwide
Employers seeking assistance with the FMCSA Clearinghouse or needing to connect employees with a Substance Abuse Professional (SAP) can reach out to SAP Referral Services (SRS). SRS specializes in helping employers comply with requirements, guiding them through the process of locating qualified SAPs nationwide. This support ensures that employees who need to complete a return-to-duty process have access to approved SAPs, helping employers stay compliant and prioritize workplace safety. Employers can contact SRS for personalized assistance and additional information on SAP requirements.