FMCSA Clearinghouse sUPPORT
The FMCSA Clearinghouse compliance deadline was 1/6/2020, and enforcement is now in effect. It is critical that you register your organization in the Clearinghouse as soon as possible.
If you do not establish an account, you cannot maintain compliance with mandatory Clearinghouse or drug testing regulations. AND you’re risking fines for noncompliance. Need help? Ask us.
PENALTIES FOR NON-COMPLIANCE ARE SET AT $5833 PER VIOLATION.
What is the FMCSA Clearinghouse?
FMCSA Clearinghouse is a centralized online database containing records of DOT FMCSA drug and alcohol program violations. The searchable, real-time database allows (REQUIRES!) employers to screen and query commercial drivers for any violations of drug and alcohol program.
The implementation date was January 6th 2020. It’s critically important for all employers to understand this new rule and what that is changing as a result.
Fact Sheets & Instructions
FMCSA Clearinghouse Support Prices
Owner Operators: Clearinghouse services must be provided by the organization that manages your random testing. If your consortium services manager is not able to help you, contact us for a referral.
Note: For the purposes of the Clearinghouse, if the owner is also a driver, you are an Owner Operator and you must select a C/TPA in the Clearinghouse.
What Is Included?
FMCSA Clearinghouse FAQs
- Employers, employees, service agents that are required to comply with DOT and FMCSA drug and alcohol testing requirements:
49 CFR Part 40
49 CFR Part 382 and 383
- Includes Employers, employees, service agents in Mexico and Canada as well as Commercial Learner’s Permit (CLP) holders and Owner Operators.
- A verified positive, adulterated, or substituted drug test result
- An alcohol confirmation test with a concentration of 0.04 or higher
- A refusal to submit to any test required by 382 subpart C
- An Employer’s report of actual knowledge as defined in 382.107
- A Substance Abuse Professional (SAP) report of successful completion of the Return to Duty process
- A negative return to Duty test result
- An Employer’ s report of completion of Follow‐Up Testing
- Records from DOT agencies other than FMCSA
- Non‐DOT test results
- Results verified before 1/6/2020
- Negative test results –
- Except Return to Duty
- SAP reports and follow up plans
Drivers are identified by the Commercial Driver’s License (CDL) number and State of Issuance (not SSN)
Driver violation records remain available in the Clearinghouse for five years from the date of the violation determination, or until the violation is resolved through the successful completion of the return‐to‐duty (RTD) process and follow‐up testing plan, whichever is later.
- A C/TPA can report violations to the Clearinghouse on behalf of an Employer
- A C/TPA can conduct queries on behalf of an Employer using queries in the Employer’s account.
- A C/TPA cannot register an Employer in the Clearinghouse. Employers must register for themselves.
- A C/TPA cannot purchase queries for an Employer, nor can a C/TPA purchase and resell queries.
- The aforementioned also applies to Owner Operators who must register themselves, purchase queries, AND select a C/TPA.
Nope. A driver must register himself or herself AND initiate consent to the Employer.
Unless you hold a CDL and are a driver, you can do this on your own. Your cost is merely the $1.25 per query that FMCSA charges – plus your time. If you opt to do it yourself, then you need to learn what’s required. Once you see the requirements (There ARE requirements!), you may decide you want help. Our fees are listed here.
Employer Immediate Action Steps
- Employers with a USDOT# will enroll through the FMCSA portal– NOT – the Clearinghouse
- Assistants must be INVITED to enroll under the account
- Employers designate their C/TPA within the Clearinghouse
- Employers must purchase queries. For each year, you will need enough queries to run the annual query on all drivers as well as enough for each new hire. If you have 50 drivers and replace 10 per year with new hires, you will need at least 60 queries per year.
- Encourage all existing employees to register in the Clearinghouse.
FMCSA Clearinghouse Queries
- Full Queries and Limited Queries are both $1.25 per query.
- Query bundles must be purchased from FMCSA by the Employer and never expire.
- C/TPAs are prohibited from purchasing queries on behalf of Employers.
Driver Consent for FMCSA Clearinghouse Queries
- Drivers are notified when an Employer is conducting a Query by the method selected at registration (email or postal mail). If the driver has not registered within the Clearinghouse, notification will be by US Postal mail to the address on CDL. This is one reason it is advisable for all drivers to register.
- Drivers can consent or refuse consent to Queries on their Clearinghouse dashboard. Refusing may make them ineligible to drive.
- Drivers are able to see historical Queries and which Employer made on them.