What is the FMCSA Drug and Alcohol Clearinghouse (Clearinghouse) and what information does it contain?
The Clearinghouse is a secure online database that gives employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse was an act of Congress directed by the Secretary of Transportation back in 2012.
The Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results, test refusals and actual knowledge violations. When a driver completes the return-to-duty process and follow-up testing plan, this information is also recorded in the Clearinghouse. The Clearinghouse launched on January 6th, 2020 for those authorized to utilize.
How long will CDL driver violation records be available on the Clearinghouse site for employers to see?
Violation records for CDL drivers stay on the Clearinghouse site for five years after successful completion of the DOT return-to-duty process and follow-up testing plan.
If a driver has a drug and alcohol program violation in one state, then applies for a commercial driver’s license (CDL) in another state, will the Clearinghouse be able to connect that driver’s drug and alcohol violation history to the new CDL?
Yes. The Clearinghouse will identify drivers who move frequently and obtain CDLs in different states and link those CDLs, in order to maintain complete and accurate information on such drivers.
Yes. If you failed or refused a DOT Federal Motor Carriers Safety Administration (FMCSA) drug and/or alcohol test or had an actual knowledge violation, it is reported in the FMCSA Drug and Alcohol Clearinghouse if it occurred on or after January 6, 2020. The FMCSA Clearinghouse is a secure online database which contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug and/or alcohol test results, test refusals and actual knowledge violations. Only violations that fall under and tested under FMCSA are reported into the Clearinghouse. The Clearinghouse database was a congressional mandate directed to FMCSA agency. All DOT or Federal agencies are still required to follow 49 CFR Part 40 (FAA, FTA, FRA, PHMSA and USCG), including FMCSA pertaining drug and alcohol violations.
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. Registered drivers will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers.
All DOT regulated safety-sensitive employees/candidates employed in the aviation, railroad, public transit, trucking, maritime, and pipeline industries who have violated federal DOT drug and alcohol testing rules with a positive test result, a refusal to test or other violation.
If you fall under Federal Aviation (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), Pipeline and Hazardous Materials Safety Administration (PHMSA) or the United States Coast Guard (USCG) and you failed or refused a DOT drug and/or alcohol test you must still complete the return-to-duty process in order to return to safety-sensitive duty.
Yes. Once you have violated the Department of Transportation (DOT) drug and alcohol testing regulations, you are considered ineligible to perform safety-sensitive duties for any employer until you have completed the return-to-duty process.
If you are a DOT-mandated employee, and you receive a positive test, you must be removed from safety-sensitive duty until you complete the return-to-duty process. The Substance Abuse Professional (SAP) portion is a part of the DOT return-to-duty process. ASAP has over 5,000 SAP locations nationwide to help get you back to work safely.
The time it takes to complete the SAP portion of the DOT return-to-duty process varies per case. The SAP will make a clinical assessment and recommend treatment(s) and/or education based on your individual needs. Note: The SAP must make a recommendation for some level of care per DOT CFR 49 Part 40, Subpart O.
Yes, you must test negative on an observed DOT return-to-duty (RTD) drug/alcohol screen before returning to DOT safety-sensitive work. Your employer or prospective employer will request the RTD test, which supersedes a pre-employment test in this situation. You are also subject to unannounced and observed follow-up tests for a period of 1 to 5 years according to a plan determined by the SAP and provided to your employer.
If you are a DOT safety-sensitive covered employee with a failed test or refusal to test (DOT violation) and move to another employer, you are still required to successfully complete the DOT return-to-duty (RTD) process before returning to any DOT safety-sensitive position. Failing to comply with the DOT RTD process can result in fines for both you and your new employer. ASAP has over 5,000 SAP locations nationwide to help you get back to work safely.
If you are a DOT safety-sensitive covered employee with a failed or refusal to test (DOT violation) you are still required to complete the DOT return-to-duty process. You are unable to work in any DOT safety-sensitive position until you have successfully completed this program. The Substance Abuse Professional (SAP) portion is a part of the DOT RTD process. ASAP has over 5,000 SAP locations nationwide to help get you back to work safely.
Non-psychoactive CBD oil is used to treat anxiety, inflammation, arthritis, epilepsy and a range of other conditions in some cases. In many states, a prescription is not necessary to purchase CBD oil. The production of CBD products remains unregulated by the Food and Drug Administration (FDA) and CBD products that contain more than a 0.3% concentration of THC are classified as marijuana, a Schedule I substance, as classified by the United States Drug Enforcement Agency (DEA). The Department of Transportation (DOT) has their own notice regarding CBD use.
The Office of Drug and Alcohol Policy and Compliance (ODAPC) that prevails over DOT 49 CFR Part 40 has also provided notice on CBD products. The DOT requires testing on marijuana THCA metabolites and not CBD. Marijuana remains classified as a Schedule I drug under the Controlled Substance Act. CBD product labeling may be misleading and contain higher levels of THC, which could result in a verified positive drug test. CBD products are NOT currently certified by the FDA and have issued caution to the public: “Consumers should beware purchasing and using any [CBD] products.” The notice can be viewed here.