Frequently Asked Question
What Is the FMCSA Drug and Alcohol Clearinghouse?
The FMCSA Drug and Alcohol Clearinghouse is a secure online database that gives employers, FMCSA, State Driver Licensing Agencies, and State law enforcement personnel real-time information about drug and alcohol program violations by commercial driver's license (CDL) and commercial learner's permit (CLP) holders (FMCSA Clearinghouse). It records violations of the drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, such as positive test results and test refusals, along with return-to-duty and follow-up testing information. The Clearinghouse procedures are in 49 CFR Part 382, Subpart G.
Medical Review Officers report verified positive, adulterated, and substituted drug test results, and certain refusals, within two business days. Employers report items such as alcohol results of 0.04 or higher, refusals, negative return-to-duty results, and completion of follow-up testing by the close of the third business day. Substance Abuse Professionals report the date of the initial assessment and the date the driver became eligible for return-to-duty testing by the close of the next business day (49 CFR 382.705).
Employers conduct a full pre-employment query before a driver first performs safety-sensitive functions, and at least one query each year for each employed driver. The annual check can be a limited query. If a limited query shows a record, a full query follows within 24 hours (49 CFR 382.701). Queries require the driver's written or electronic consent, and a full query requires consent given electronically in the Clearinghouse. A driver who withholds consent may not perform safety-sensitive functions (49 CFR 382.703).
A driver with a violation record may not perform safety-sensitive functions until completing the SAP evaluation, referral, and education or treatment process and a negative return-to-duty test, and either completing the SAP's follow-up testing plan or having an employer that takes responsibility for managing the remaining follow-up tests (49 CFR 382.701). Violation information remains available until the SAP report, a negative return-to-duty result, and completion of the follow-up tests prescribed by the SAP are reported, and five years have passed since the violation determination (49 CFR 382.719). Since November 18, 2024, State Driver Licensing Agencies must obtain Clearinghouse information when a driver applies for a CDL or CLP (49 CFR 382.725).
Official Sources
We are not a law firm. The information on this website is for informational purposes only and may not be up to date. Always consult a licensed attorney for personalized legal advice.
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