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Effective January 6, 2020, the Federal Motor Carrier Safety Administration (FMCSA) established a repository to collect information on drivers’ FMCSA drug and alcohol violations occurring under a motor carrier’s testing program.
The DOT Drug and Alcohol Clearinghouse (Clearinghouse) applies to any motor carrier subject to 49 CFR Part 382 testing. Drivers operating a commercial motor vehicle requiring a commercial driver’s license (CDL) or commercial learner’s permit (CLP) are subject to Part 382 testing. The Clearinghouse stores information on CDL and CLP drivers that tested positive or refused a FMCSA-required test or when an employer has actual knowledge of a driver engaging in prohibited behavior.
Motor carriers, medical review officers, third-party administrators, and substance abuse professionals must provide information when a driver:
Parties responsible for communicating a CDL driver’s drug and/or alcohol testing violation and follow-up program must register with the FMCSA for access to the Clearinghouse portal. Some registrations require that the party be designated by a motor carrier or driver as noted below. Clearinghouse registration is valid for five years, unless canceled or revoked.
Following are the types of information that employers and service agents must provide to the Clearinghouse.
Medical Review Officer. The medical review officer (MRO) receives volumes of information that may otherwise go undetected by employers without a reporting mechanism. Within two business days of determining that a driver has violated DOT testing rules in Part 382, MROs must report to the Clearinghouse all:
Within one business day of making any changes to a test result, MROs must report them to the Clearinghouse.
Motor carrier. Motor carriers have specific reporting obligations for the Clearinghouse. This may be accomplished directly or through a designated consortium/third-party administrator (C/TPA) contracted to perform the task.
Employers must:
Employers are required to report negative return-to-duty tests and when the follow-up testing program is completed. Employers do not report each individual follow-up test.
SAPs. In order to enter information into the Clearinghouse on behalf of a driver, the driver must designate the SAP.
The SAP must:
Consortium/Third-Party Administrators. Authorized C/TPAs may enter information on an employer’s drivers if designated to do so. While logged into the Clearinghouse, the employer would select the service provider from a list of C/TPAs that have registered with the site. The employer would have to designate what administrative functions it is authorizing the C/TPA to assume (submitting data and/or requesting queries). As with any services provided by a third-party, the employer is still held responsible for compliance with the requirements. When a business relationship ends with a C/TPA, the employer must log into its Clearinghouse dashboard to remove the designated party from its profile.
Employers who designate themselves as drivers must designate a C/TPA to comply with their submissions of data as it relates to their alcohol or drug use.