Employee FAQs
The Clearinghouse is a secure online database that gives employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse was an act of Congress directed by the Secretary of Transportation back in 2012.
The Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results, test refusals and actual knowledge violations. When a driver completes the return-to-duty process and follow-up testing plan, this information is also recorded in the Clearinghouse. The Clearinghouse launched on January 6th, 2020 for those authorized to utilize.
Violation records for CDL drivers stay on the Clearinghouse site for five years after successful completion of the DOT return-to-duty process and follow-up testing plan.
Yes. If you failed or refused a DOT Federal Motor Carriers Safety Administration (FMCSA) drug and/or alcohol test or had an actual knowledge violation, it is reported in the FMCSA Drug and Alcohol Clearinghouse if it occurred on or after January 6, 2020. The FMCSA Clearinghouse is a secure online database which contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug and/or alcohol test results, test refusals and actual knowledge violations. Only violations that fall under and tested under FMCSA are reported into the Clearinghouse. The Clearinghouse database was a congressional mandate directed to FMCSA agency. All DOT or Federal agencies are still required to follow 49 CFR Part 40 (FAA, FTA, FRA, PHMSA and USCG), including FMCSA pertaining drug and alcohol violations.
Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record—this includes all pre-employment queries. A driver must also be registered to electronically view the information in his or her own Clearinghouse record. Registered drivers will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers.
If you are a DOT safety-sensitive covered employee with a failed test or refusal to test (DOT violation) and move to another employer, you are still required to successfully complete the DOT return-to-duty (RTD) process before returning to any DOT safety-sensitive position. Failing to comply with the DOT RTD process can result in fines for both you and your new employer. ASAP has over 5,000 SAP locations nationwide to help you get back to work safely.