There are currently over 175,000 CDL/CPL drivers with “prohibited” statuses in the Federal Motor Carrier Safety Administration’s Drug & Alcohol Clearinghouse. This will be a bigger problem for these drivers and their employers in the coming months. The FMCSA initially slated the Drug & Alcohol Clearinghouse regulation for a two-phase rollout. Phase one officially took effect on Jan. 6, 2021, introducing the Clearinghouse as a centralized database designed to record and track violations of the FMCSA’s drug and alcohol testing program by individuals holding a CDL. With phase two, also known as “Clearinghouse-II,” the FMCSA aims to remove disqualified CDL/CPL drivers from the roadways to boost safety and reduce DOT drug and alcohol violations as of Nov. 18, 2024.
What is the FMCSA Drug & Alcohol Clearinghouse-II regulation?
The FMCSA Drug & Alcohol Clearinghouse-II regulation requires State Driver Licensing Agencies (SDLAs) to remove commercial driving privileges from the driver’s license of any individual with a “prohibited” FMCSA Clearinghouse status until the driver completes the return-to-duty (RTD) process.
This means that drivers with unresolved FMCSA drug and/or alcohol Clearinghouse violations will lose or be denied the use of their CDLs or CLPs. Some SDLAs may begin this process before the deadline if they have the legislative authority to query the FMCSA Clearinghouse and act upon their findings.
What is the DOT return-to-duty process for the FMCSA Drug & Alcohol Clearinghouse-II?
A commercial driver who fails a DOT drug or alcohol test, refuses to take either of these regulated tests or is found to be “prohibited” in the FMCSA Clearinghouse following a query must be immediately removed from safety-sensitive duties, like driving, and enrolled in the DOT return-to-duty process.
The RTD process is a lengthy one with numerous steps that must be taken according to strict federal requirements. Foley’s on-demand webinar, How to Comply with the FMCSA Drug & Alcohol Clearinghouse-II Using the DOT Return-To-Duty Process, explains the process from start to finish to help companies with prohibited drivers get compliant before the Clearinghouse-II deadline.
How can companies prepare for the FMCSA Drug & Alcohol Clearinghouse-II now?
Complying with the Clearinghouse-II starts with ensuring that no CDL/CPL drivers have unresolved drug or alcohol violations in the Clearinghouse database. Employers should run regular limited queries on each driver to check for any records of violations and, if necessary, conduct full queries to get detailed information on these violations. If violations are revealed, drivers must be removed from safety-sensitive duties and complete the DOT return-to-duty process.
All DOT-regulated drivers must also be enrolled in a DOT drug and alcohol testing program that includes pre-employment, random, post-accident, return-to-duty and reasonable suspicion testing.
Maintaining accurate and up-to-date records of all FMCSA Clearinghouse queries, signed driver consent forms, and DOT drug and alcohol tests is necessary to comply with FMCSA regulations. Consider using an automated DOT compliance program to manage this process efficiently.
Ensure all CDL/CPL drivers are informed of the consequences of noncompliance with the Clearinghouse-II, such as losing their commercial driving privileges. It is important to note that even if disqualified drivers seek employment elsewhere, they will still need to complete the RTD process to reinstate their commercial license.
The secret key to Clearinghouse-II compliance: Motor vehicle record monitoring
It’s easy to think having a DOT-compliant drug and alcohol testing program and keeping up with your drivers’ Clearinghouse records are the best ways to get ahead of the Clearinghouse-II. While both are crucial elements, there is one additional step you can take to ensure any potential gaps in compliance are filled: MVR Monitoring.
All DOT-regulated businesses must pull annual MVRs on every driver they employ. But what happens when a driver’s CDL is revoked due to the Clearinghouse-II? Unless the driver voluntarily comes clean with new information on infractions or violations, employers are in the dark until the next annual MVR review, or worse, the company is selected for a compliance audit.
Running regular MVR checks on your drivers can help avoid surprise CDL/CPL revocations resulting from the Clearinghouse-II regulation. For a growing number of companies, the solution is MVR Monitoring. This automated program actively tracks the MVRs of CDL drivers on an ongoing basis to help businesses more easily identify problems, address concerns and put corrective action plans in place (if needed).
Get ready for the FMCSA Clearinghouse-II with the right partner
With DOT drug testing, FMCSA Clearinghouse management and MVR Monitoring all hosted in our Dash Platform, Foley simplifies the process of preparing for the Clearinghouse-II while streamlining DOT compliance for owner-operators, safety managers and fleet personnel. You can request a free, personalized demo of Dash here.
Foley will continue to report on FMCSA Clearinghouse-II news and has created a dedicated library full of trusted resources with the latest, most accurate updates on the new regulation.
