• The Clearinghouse and return-to-duty processes go hand-in-hand.

The return-to-duty and Clearinghouse processes are two separate processes. However, there are several places where the two overlap.

Here is how the combined process would work, starting at the point the prohibited action (failing a drug or alcohol test, refusing a test, etc.) is discovered by the carrier and the driver is removed from all safety-sensitive functions:

• The carrier must provide the driver with an acceptable substance abuse professional (SAP) referral. Under DOT regulations, the carrier has no more responsibility at this point. As far as the DOT is concerned, the carrier can terminate or suspend the driver, or retain the driver in a non-driving status.
• The correct entity must make the Clearinghouse entry related to the prohibited activity.
  • In the case of a positive drug test or a refusal situation involving the medical review officer (MRO), the MRO must make the entry.
  • If the situation involves a positive alcohol test, an actual knowledge situation, a refusal involving the carrier, or alcohol use following a crash that required testing, the carrier must make the entry.
• Once the Clearinghouse entry has been made, the driver is listed as “prohibited” in the Clearinghouse.
• The Clearinghouse communicates the “prohibited” status to the driver’s state of licensing, resulting in a downgraded CDL.
• The first step in returning to driving is the driver completing an evaluation and treatment with an SAP. The driver must designate the SAP in the Clearinghouse allowing the SAP to enter completed steps. Once the evaluation and treatment process are completed, the SAP will enter this into the Clearinghouse.
• The driver must then pass a return-to-duty test. The carrier overseeing/accepting the return-to-duty test must enter the negative results into the Clearinghouse.
• Once the driver has completed the SAP process and passed the return-to-duty test, and both of these are entered into the Clearinghouse, the “prohibited” entry will be removed from the driver.
• Before operating a CMV again, the driver’s downgraded CDL must be reinstated. Check with the state of licensing on the procedures to reclaim the CDL once the driver is in a “not prohibited” status in the Clearinghouse.
• The driver must then complete all of the required follow-up tests. If the driver switches carriers before the follow-up tests are all complete, the new carrier must pick up where the previous carrier left off and complete the follow-up testing.
• Once the driver completes all follow-up tests required by the SAP, the carrier employing the driver at that time needs to enter that all follow-up tests are completed.