The Secretary of Transportation, at the direction of Congress, has established the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. The secure online database will be available starting January 6, 2020 and will keep real-time records of drivers’ drug and alcohol program violations. The Clearinghouse will impact all drivers holding commercial driver’s licenses (CDL) who operate commercial motor vehicles on public roads as well as their employers and service agents. Various parties are required to register for access, including employers, FMCSA, state agencies who handle driver licensing, and law enforcement.
The database will include information about drivers who hold CDLs and are required to participate in FMCSA’s drug and alcohol safety program. It also will contain data concerning drivers who have commercial learner’s permits but will exclude information on non-commercial drivers. Drivers will be able to access their own records.
The Clearinghouse will provide information about CDL drug and alcohol violations. It will report instances where a covered driver reported for duty or remained on duty with an alcohol concentration of .04 or greater or while using specified drugs. It will also detail alcohol use while, or within four hours of, performing covered functions as well as alcohol use within eight hours of a post-accident drug test. Finally, it will provide information about positive drug test results and refusal to submit to tests.
For the first three years of the program, employers must both search the Clearinghouse and request records manually from previous employers. This allows time for the Clearinghouse to compile three years of data, which is the time frame required under the FMCSA’s drug and alcohol program. As of January 6, 2023, three years of data will be available and employers will only be required to use the Clearinghouse going forward.
Both employers and consortia/third party administrators will be able to access the Clearinghouse. Employers will report drug and alcohol violations and also use the database to ensure that current employees or applicants are not prohibited from performing-safety sensitive functions. Consortia and third party administrators can act on an employer’s behalf and can report violations as well as conduct required searches.
AccuSource will participate in the Clearinghouse and all CDL background checks will use the Clearinghouse’s database once it is live and available on January 6, 2020. If you would like AccuSource to provide a complimentary review of your current CDL and background screening compliance program, please contact us at email@example.com or click the link below.