The Federal Motor Carrier Safety Administration (FMCSA) has established the CDL Drug and Alcohol Clearinghouse (Clearinghouse). The Clearinghouse is a database, which will contain information related to violations of the US Department of Transportation (DOT) controlled substances (drug) and alcohol testing program for holders of CDLs. Employers and other entities will be required to report violations of the drug and alcohol regulations to the Clearinghouse.
In addition, Employers will be required to search the Clearinghouse for current and prospective employees’ drug and alcohol violations before allowing them to operate a commercial motor vehicle on public roads. Employers will also be required to annually search the Clearinghouse for all currently employed drivers.
The FMCSA and employers will be able to use the Clearinghouse to identify drivers who have DOT drug and alcohol testing program violations which prohibit them from operating a commercial motor vehicle. The drug and alcohol violation records will stay in the Clearinghouse for five years or until the driver has completed the return to work requirements, whichever is later.
The Clearinghouse will become operational on January 6, 2020. Authorized users are required to request access from the FMCSA by registering for the Clearinghouse.
All employers of CDL drivers need to fully understand and comply with the Clearinghouse requirements. Additional information on the Clearinghouse can be obtained through the following links:
https://www.fmcsa.dot.gov/regulations/commercial-drivers-license-drug-and-alcohol-clearinghouse
https://clearinghouse.fmcsa.dot.gov/
In addition, the members of the firm’s employment law section can provide advice in regard to the Clearinghouse requirements and related issues.