What is a DOT/FMCSA background check?
The United States Department of Transportation (DOT) and its agency, the Federal Motor Carrier...
The FMCSA Clearinghouse is an online database that contains information about violations of Federal Motor Carrier Safety Administration (FMCSA)’s drug and alcohol testing program for Commercial Driver’s License (CDL) holders. It gives employers, the FMCSA, State Driver Licensing Agencies (SDLAs), and 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 implemented on January 6, 2020, and its requirements are specified in 49 CFR 382, subpart G§§382.701—382.727.
The Drug and Alcohol Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. Additionally, when a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.
It is mandated by the MAP–21 legislation, a comprehensive federal funding and authorization act, encompassing federal aid for highways and highway and transit safety programs.
The objective of the Clearinghouse is to improve roadway safety by identifying commercial motor vehicle (CMV) drivers who have committed drug and alcohol violations that render them ineligible to operate a CMV. Specifically, information maintained in the Clearinghouse will ensure that drivers who commit a drug or alcohol violation while working for another employer, or who attempt to find work with another employer, do not perform safety-sensitive functions until completing the return-to-duty process.
All CDL drivers who operate commercial motor vehicles (CMVs) on public roads and their employers and service agents are subject to the Clearinghouse. This includes:
The FMCSA website provides information on the registration process and other details about Clearinghouse implementation.
The Clearinghouse requires employers, Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), and consortia/Third-party Administrators (TPAs) to report information on violations of FMCSA drug and alcohol testing regulations by CDL drivers. It also requires employers and state licensing agencies to query the Clearinghouse in specific circumstances.
All reporting is done by CDL driver name, CDL number with state of issuance, and must be accomplished within 1-3 business days, depending on the reporting entity.
For prospective/current employers or C/TPA of CDL driver:
For MRO:
For SAP:
Clearinghouse queries are required for employers under the following circumstances:
FMCSA Clearinghouse queries are required for State DL agencies under the following circumstances:
Driver consent is required for employers to conduct full queries of a driver’s records.
Additionally, prior to Jan 6, 2023, when hiring CDL drivers employers will be required to query the Clearinghouse and continue to request drug and alcohol testing histories from previous employers as required in 49 CFR §§40.25, 382.413 and 391.23.
Full Query – Used for all NEW hires.
A Full Query allows the employer to see detailed information about any drug and alcohol program violations in the driver’s Clearinghouse record. A full query MUST be run for pre-employment purposes when hiring any driver into a safety sensitive position.
The authorization for a Full Query is managed through the Clearinghouse. The request for the Query is submitted to the Clearinghouse, in turn the Clearinghouse submits a request to the driver to provide consent before the Query can be ran. If the driver has not previously registered, the Clearinghouse will mail out notification to the driver, the turnaround time is anticipated to be 10 – 14 days for the mailed notice to arrive. Once consent is provided by the driver the results are released to the requester.
Limited Query – Used for the Required Annual Query ONLY.
The employer can choose to run a Full or Limited Query for the Annual review. Annual Queries must be completed at least once per year. The Limited Query consent is managed by the employer (not the Clearinghouse) and the Limited Query service allows an employer to determine if an individual driver’s Clearinghouse record has any information about resolved or unresolved drug and alcohol program violations but does not release any specific violation information contained in the driver’s Clearinghouse record.
Employers must ensure their drug and alcohol testing policies and programs include basic information about the Clearinghouse and provide notice to drivers of the reporting and query requirements.
Navigating the ever-changing landscape of CDL employment can be challenging. Orange Tree can help simplify the process for FMCSA verifications. Schedule a consultation to learn how we are helping to make the process easier for employers and their candidates.