Effective 01/06/2020, the FMCSA instituted a mandatory program called the Drug & Alcohol Clearinghouse. The Clearinghouse is a secure online database that will allows the FMCSA, CMV companies, State Driver Licensing Agencies, and law enforcement officials to identify – in real-time – CDL drivers who have violated federal drug and alcohol testing program requirements. The Clearinghouse also allows drivers the ability to register and query the database to review their own records or determine the status of information in their record at no cost. The Clearinghouse will notify a driver by mail (unless they have opted to receive electronic notifications – which is encouraged) any time information about the driver is added, edited, or removed.

The new rule adds a step to how companies contract drivers as well as how they maintain the records for their current active contractor-base. Companies will be required to query an online search of the Clearinghouse for violations that would prohibit the current driver or prospective driver from performing safety-sensitive functions. This query must be run on every prospective driver before they are able to perform safety sensitive functions. Additionally, companies will be required to perform an annual query of their active drivers. Companies will also be required to report any drug and alcohol testing information to the Clearinghouse to include: positive drug results, alcohol results with a blood alcohol content greater than 0.04, refusals to test, and any other non-test violations of FMCSA’s drug and alcohol regulation. Companies will have to submit a report of a drug or alcohol program violation by the close of the third business day following the date on which the company obtained the information.

Just as companies are required to register, all drivers will need to log into the Clearinghouse and authorize the release of their records to a particular requesting company. There is no cost for registration.

We hope you find this information valuable- TMTA

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