Upcoming changes to the Drug and Alcohol Clearinghouse: What drivers and fleets need to know.

The Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse is a vital database that helps improve safety on the nation’s roadways by maintaining records of drug and alcohol violations committed by commercial drivers. 

Since its launch in January 2020, the Drug and Alcohol Clearinghouse has been an important tool for employers and enforcement agencies looking to track drivers with substance abuse violations and take appropriate action. 

To improve compliance and road safety, the FMCSA is implementing several changes to the Clearinghouse. In this blog post, we’ll explore the planned changes and let you know what to expect.

What is the Drug and Alcohol Clearinghouse?

The Drug & Alcohol Clearinghouse is an online database that maintains a record of all drug and alcohol testing violations committed by holders of Commercial Driver’s Licenses and Commercial Learner’s Permits. The Clearinghouse aims to prevent drivers with unresolved violations from operating commercial vehicles. It’s also intended to give employers a centralized location to conduct pre-employment and annual queries on their drivers’ histories.

Commercial fleets must report drug and alcohol violations and record negative return-to-duty tests for any CDL driver expected to operate a vehicle. Besides the FMCSA, state driver licensing agencies and law enforcement also have access to the Clearinghouse.

Upcoming changes to the Clearinghouse

FMCSA is planning a series of changes to the Drug and Alcohol Clearinghouse to address operational challenges, improve data accessibility, and ensure stricter compliance. Here are the main changes drivers and employers need to know as the changes become effective November 18, 2024.

1. Expansion of state access to data

One of the most notable changes is the expansion of access to Clearinghouse records. Under the new regulations, state driver licensing agencies will have direct access to the Clearinghouse, allowing them to quickly identify unresolved violations or return-to-duty test information before they process license applications or changes. 

Impact on Drivers: This change will make it harder for drivers with drug or alcohol violations to “slip through the cracks” by moving between states to obtain a new CDL, or job hopping to other carriers. If you have unresolved violations in one state, that information will be accessible nationwide.

Impact on Commercial Fleets: Fleets may see fewer issues with hiring drivers who might have previously evaded the system due to lack of state-level coordination. State driver licensing agencies will have more authority to deny or revoke CDLs if drivers don’t comply with drug testing requirements, providing employers with a more compliant pool of qualified drivers.

2. Mandatory queries by state driver licensing agencies

Another important change involves mandatory queries that state driver licensing agencies will be required to conduct. Previously, it was up to motor carriers to check the Clearinghouse before hiring drivers and annually thereafter. However, the state driver licensing agencies weren’t required to perform checks. 

With the new rules, agencies will now be required to run a Clearinghouse query whenever a driver applies for a new CDL, a renewal, or an upgraded CDL. This means that any unresolved substance abuse violations will be flagged before the CDL process can move forward. 

FMCSA will also “push” information to the state driver licensing agency whenever a drug or alcohol violation is reported to the Clearinghouse for a driver licensed in that state. The state agency will then be required to begin the CDL “downgrade” process. Drivers listed in the Clearinghouse as being prohibited from operating a vehicle won’t be able to complete the desired licensing action until they’ve passed a return-to-duty drug or alcohol test and it’s been reported to the Clearinghouse. 

Impact on Drivers: Drivers will need to resolve any violations or complete the return-to-duty process promptly, as the state driver license agencies will actively prevent CDL transactions until the Clearinghouse record is cleared. This added layer of checks could delay the process of obtaining or renewing a CDL if any issues are found.

Impact on Commercial Fleets: This change helps businesses ensure that their drivers are in full compliance with the law. It provides an additional safeguard that the drivers they hire or continue to employ have not had any recent drug or alcohol testing violations that were unreported or missed by the employer.

3. Enforcement and penalties

Employers who fail to run required queries or report violations could face fines or penalties. Additionally, drivers who falsify information or fail to comply with the return-to-duty process may face consequences, including suspension of their CDL privileges.

Impact on Drivers: Drivers who attempt to bypass the system by failing to report violations, not completing their return-to-duty process, or moving between states or employers to avoid scrutiny will face penalties. They may even be barred from holding a CDL. It will be essential for drivers to stay compliant and keep track of their Clearinghouse status.

Impact on Employers: Fleets should conduct all required Clearinghouse checks and report violations promptly. Failing to do so could result in liability and financial penalties. It also emphasizes the need for companies to stay on top of their compliance procedures to avoid enforcement action or liability.

Conclusion: Preparing for the changes

The impending changes to the DOT Drug and Alcohol Clearinghouse are designed to improve safety, accountability, and compliance in the transportation industry. For drivers, staying on top of any violations and completing the return-to-duty process will be crucial to avoiding disruptions to their CDL privileges. For employers, it will be more important than ever to comply with the Clearinghouse requirements if they want to avoid penalties and preserve the safety of their operations.

By understanding these upcoming changes, drivers and motor carriers can take the necessary steps to stay compliant, avoid penalties, and contribute to safer roadways for all.