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Final Rule: Commercial Driver’s License Drug and Alcohol Clearinghouse - January 6, 2020   

Learn about the Federal Motor Carrier Safety Administration's Clearinghouse Rule, which establishes a database for CDL drivers' drug and alcohol program violations. Find out how reporting, querying, and fees will be handled in this new system.

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Final Rule: Commercial Driver’s License Drug and Alcohol Clearinghouse - January 6, 2020   

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  1. Final Rule: Commercial Driver’s License Drug and Alcohol Clearinghouse - January 6, 2020    Federal Motor Carrier Safety Administration

  2. Overview of the Clearinghouse Rule • The Drug & Alcohol Clearinghouse will be a database containing CDL drivers’ drug and alcohol program violations. • It will also contain information about whether a driver has successfully completed the mandatory return-to-duty drug and/or alcohol rehabilitation process. • Clearinghouse requirements fall into two major categories: • Reporting • Querying

  3. Reporting Each time information is added to, modified or removed from the Clearinghouse, FMCSA will notify the affected driver. • Via US Mail to the mailing address on their Commercial Driver License (CDL) • To receive electronic notification, drivers will have to register with the Clearinghouse

  4. Prospective/Current Employer of CDL Driver • An alcohol confirmation test with a concentration of 0.04 or higher • Refusal to test (alcohol) as specified in 49 CFR 40.261 • Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR 40.191 • Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a controlled substance • Negative return-to-duty test results (drug and alcohol testing, as applicable)  • Completion of follow-up testing

  5. Service Agent acting on behalf of Current Employer of CDL Driver • An alcohol confirmation test with a concentration of 0.04 or higher • Refusal to test (alcohol) as specified in 49 CFR 40.261 • Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR 40.191 • Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a controlled substance • Negative return-to-duty test results (drug and alcohol testing, as applicable)  • Completion of follow-up testing

  6. MRO • Verified positive, adulterated, or substituted drug test result • Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR 40.191

  7. SAPs • Identification of driver and date the initial assessment was initiated • Successful completion of treatment and/or education and the determination of eligibility for return-to-duty testing

  8. Querying Employers will be required to query the Clearinghouse for covered drivers for two purposes: • Pre-employment • Query-type: full queries would be conducted, which means that FMCSA must verify specific driver consent prior to releasing information. • Annual Queries to ensure that a driver did not violate the drug and alcohol program with another employer. • Query-type: limited queries to determine whether any data exists for a driver would be allowed and will only require general driver consent, subject to FMCSA audit.

  9. Querying: Continued • A limited query only identifies whether information about the driver exists in the Clearinghouse and will not result in release of any driver information. • If the limited query shows a driver record, the employer would be required to run a full query, triggering FMCSA verification of specific driver consent before releasing information. • Drivers refusing consent will not be able to perform safety sensitive functions such as driving a commercial motor vehicle. • Information regarding the driver will be accessible to employers for a minimum of 5 years. Otherwise, the information will remain indefinitely.

  10. Querying: Continued • State driver licensing agencies will also be required to query the Clearinghouse when a State-licensed driver obtains, renews, upgrades, or transfers his or her CDL. • The National Transportation Safety Board (NTSB) will be able to access Clearinghouse information for drivers involved in a crash under investigation by the NTSB.

  11. Fees • There will be no fees for a driver to access their own record in the Clearinghouse. • Motor Carriers will pay a fee to query the Clearinghouse. The fee amount has not yet been determined, but will include options for subscription and batch use.

  12. Contact information FMCSA Drug and Alcohol Program Manager Juan Jose Moya at juan.moya@dot.gov Phone (202) 366-4844 D&A Clearinghouseinformation web page https://www.fmcsa.dot.gov/regulations/commercial-drivers-license-drug-and-alcohol-clearinghouse

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