FMCSA Opens Commercial Drivers License Drug and Alcohol Clearinghouse

Table Of Content

• Common Issues Registering to the FMCSA CDL Clearinghouse and How To Fix Them
• What happens if an employer or service agent submits false information to the Clearinghouse?
• Instant results
• What must employers do when an authorized service agent is no longer conducting business for the employer’s company?
• My Student Center

For full instructions on how to submit a request, see the Requests for Record Correction Under the Privacy Act job aid. Drivers wishing to request correction of a test refusal, test result, or other violation information in their Clearinghouse record may do so in accordance with the Privacy Act procedures set forth in 49 CFR Part 10, Subpart E and F. See Requests for Record Correction Under the Privacy Act job aid to learn how to submit a Privacy Act request for correction.

Common Issues Registering to the FMCSA CDL Clearinghouse and How To Fix Them

Glostone Trucking Solutions and CleanFleet have partnered up to create a full-day Trucking Safety and Compliance Conference that is FREE to all who register and attend in-person or watch our live-stream broadcast nationwide. Under the new tab “Portal Roles/USDOT#”, you need to put in your DOT #, select “DACH Motor Carrier Admin” and click “add role”, and add a “reason for request” where you can type in “Clearinghouse” or just “CH”. The Clearinghouse Transcript Center allows secure and convenient electronic exchange of high school transcripts for use in postsecondary admissions, school transfers, and state scholarship evaluations. The Transcript Center is FERPA-certified by iKeepSafe, a leading nonprofit privacy organization. Transcript Services allows registrar staff and admissions officers, as well as educational organizations that partner with the Clearinghouse, to order transcripts on behalf of learners (with learner consent). With learner consent, admissions offices, registrar offices, and educational organizations can order transcripts on behalf of learners.

What happens if an employer or service agent submits false information to the Clearinghouse?

This information may be reviewed during an investigation of the employer’s operations and compliance with the Federal Motor Carrier Safety Regulations. On October 7, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule establishing requirements for SDLA’s access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse (86 FR 55718). A history of an employer’s full and limited queries, including those conducted by a designated C/TPA, is maintained in the Clearinghouse. This includes records of the driver’s response to consent requests for any full queries conducted or initiated. If the Clearinghouse experiences a technical issue that prevents users from conducting queries, FMCSA will post a notification on the home page informing employers that they may hire a driver using only the procedures set forth in 49 CFR 391.23(e). If no such notification is on the home page, the requirement to conduct pre-employment queries, in addition to the manual inquiries established in § 391.23(e), prior to engaging a driver in safety-sensitive functions is in effect.

Instant results

Having a 3rd party that specializes in making sure your drug testing program follows state and federal rules and regulations and relieves the burden of many tasks. The first step of the CDL Clearinghouse registration process is to log into your FMCSA Portal account in order to give permission to the Clearinghouse website to access the portal account data. The Background Screening Unit processes screening results for health care providers in Florida currently licensed by the Agency for Health Care Administration. Processing includes making a determination of eligibility and evaluating applications for exemption. The Unit is also responsible for the maintenance and administration of the Care Provider Background Screening Clearinghouse. May a CDL driver who received a traffic citation for DUI in a CMV resume performing safety-sensitive functions before non-conviction is established?

An employer must conduct a pre-employment query for a prospective employee in the Clearinghouse prior to hiring the employee for a position requiring him or her to perform safety-sensitive functions, such as operating a commercial motor vehicle (CMV). The employer must also query the Clearinghouse annually for all currently employed CDL drivers. A full query allows the employer to see detailed information about any drug and alcohol program violations in a driver’s Clearinghouse record. An employer must obtain the driver’s electronic consent in the Clearinghouse prior to the release of detailed violation information during the full query. Once a driver has registered in the Clearinghouse, he or she will be able to access his or her Clearinghouse record electronically, at no cost.

What must employers do when an authorized service agent is no longer conducting business for the employer’s company?

The individual users are managed by a representative for each company who serves as a Clearinghouse administrator to manage the company’s account. Whether, and how, a driver staffing agency would register in the Clearinghouse depends on whether the agency functions as an employer, a consortium/third-party administrator (C/TPA), or as both, depending on the services rendered. Employers that require a USDOT Number manage these Clearinghouse Administrator and Assistant roles via the Federal Motor Carrier Safety Administration (FMCSA) Portal. Schools and educational organizations count on us for insights into learner success; to fulfill reporting requirements; and to make transcripts, data exchanges, and verifications easy. The Clearinghouse contains information about holders of commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs) who are covered by FMCSA’s Drug and Alcohol Testing Program.

Terms that States may use to indicate a dismissal include Nolle Prosequi (Nolle Pros’d or Nolle Prossed), withdrawn, or discontinued. The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving). The procedures governing Clearinghouse registration revocation are set forth in the Clearinghouse Terms of Use; see the Clearinghouse Terms of Use or the Clearinghouse Terms of Use for Employers. An employer or service agent who knowingly submits false information to the Clearinghouse may be subject to criminal and/or civil penalties. You'll need one to register for courses, purchase publications and view members-only resources.

The Federal Drug Testing Custody and Control Form (CCF) specifies the DOT agency requesting the test, and employers may only report to the Clearinghouse a positive result when FMCSA is agency designated on the CCF. Employers, C/TPAs, MROs, and SAPs can also invite users to complete required actions in the Clearinghouse on their behalf. The Clearinghouse contains only violations that occurred on or after January 6, 2020. If a driver’s violation occurred prior to January 6, 2020, and was in the return-to-duty (RTD) process when the Clearinghouse was implemented, the violation and any related RTD activity will not be entered into the Clearinghouse. Further, Drivers have the right to request inaccurate information in their Clearinghouse record be corrected. In accordance with the Department of Transportation’s Privacy Act procedures in 49 CFR part 10, subpart E, drivers may submit a written request to the Chief, Drug and Alcohol Programs Division, detailing the correction and the reasons the record should be so corrected.

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Since 1993, the Clearinghouse has been

However, the limited consent request must specify the timeframe the driver is providing consent for. The clearinghouse is aimed at improving road safety by providing FMCSA and employers the necessary tools to identify drivers who have violated federal drug and alcohol testing program requirements and are prohibited from operating a Commercial Motor Vehicle (CMV). The goal of the clearinghouse is to ensure that such drivers receive the required evaluation and treatment before they have the opportunity to resume driving. Why is FMCSA changing its enforcement policy regarding actual knowledge violations based on the issuance of a citation for DUI in a CMV? The change will increase fairness to drivers while continuing to ensure CMV safety. Issuance of a citation for DUI in a CMV is a serious action, which raises legitimate safety concerns that justify a driver’s immediate removal from safety-sensitive functions.

Login.gov will automatically send you back to the Clearinghouse to complete your Clearinghouse registration. Select a user role below to review what you will need to complete Clearinghouse registration. RCH Shareholder Services is a wholly owned subsidiary of Retirement Clearinghouse, LLC and a registered transfer agent with the U.S.

Each night, the system will rotate through the submitted files, processing a batch of queries from each file in turn. Therefore, all bulk files are processed at approximately the same rate, regardless of the number of queries they contain. Employers must update any changes to its service agents within 10 days of the change. The Clearinghouse will identify drivers who move frequently and obtain CDLs in different States and link those CDLs, in order to maintain complete and accurate information on such drivers. If the staffing agency will perform both functions, it should create two separate Clearinghouse accounts; one as an employer and one as a C/TPA, using a different email address for each account.

Authorized users must register to request access to information in the Clearinghouse. Before sharing sensitive information, make sure you’re on a federal government site. Now, you can go through the Clearinghouse registration process by creating a login.gov account. However, with the average age of a truck driver being 55 years old, many owner-operators and smaller companies set-up their companies decades ago and haven’t updated their information to include a current phone number or email address. You will then have to call the FMCSA and prove who you are before giving you the login credential to the portal account. As with any new government websites, this registration process is not very easy and a lot of issues can come up.

The Department of Children and Families licenses and regulates programs for children and vulnerable adults. Part of this process is a required Level II Background Screening pursuant to Chapter 435, Florida Statute. Each year the Department completes over 225,000 screenings to ensure the safety of the vulnerable. This first step is being overlooked in order to give the Clearinghouse permission to pull your portal data.

If a consortium third-party administrator (C/TPA) initiated the query on behalf of the employer, the C/TPA’s Clearinghouse users will also receive the notification email. These users will also see a notice of new information in the Query History. However, the Agency does not fall within FCRA’s definition of “consumer reporting agency.” Therefore, provisions of the FCRA that impose obligations on “consumer reporting agencies” do not apply to the Agency’s administration of the Clearinghouse regulations. If an employer or consortium/third-party administrator (C/TPA) is subject to the FCRA, they should comply with their individual requirements. Yes, there is no requirement that the employer personally perform the registration.