Employers are legally required to use the Clearinghouse to screen drivers before hire and to conduct annual checks on existing CDL drivers. These requirements are outlined under 49 CFR § 382.701. Failure to comply with these rules can lead to penalties, violations during audits, and increased liability in case of accidents.
What is the FMCSA Clearinghouse?
A secure, online database maintained by FMCSA. Contains records of CDL drivers who: Tested positive for drugs or alcohol. Refused required testing. Had alcohol concentrations of 0.04 or higher. Were reported for prohibited on-duty or pre-duty substance use. Helps employers make informed hiring and retention decisions. Official Reference: FMCSA Clearinghouse
Employer Requirements Under 49 CFR § 382.701
Employers must perform specific actions when hiring and managing CDL drivers. Below is a breakdown of each requirement:
1. Pre-Employment Query (Mandatory Before Hire)
Employers must not employ a CDL driver in a safety-sensitive role without first conducting a full Clearinghouse query. The query checks for: Verified positive drug test results. Alcohol confirmation test results of 0.04 or higher. Refusals to test. Employer-reported actual knowledge of drug/alcohol misuse. Requires driver consent for the query. 2. Annual Query (Ongoing Requirement) Employers must query the Clearinghouse at least once every 12 months for all CDL drivers. Options for compliance: Full Query – Reveals detailed violation history (requires driver consent). Limited Query – Shows only whether a record exists (driver may give multi-year consent). If a limited query shows a record exists, the employer must: Perform a full query within 24 hours. Remove the driver from safety-sensitive duties until results are verified.
3. Employer Notifications
If a violation is reported to the Clearinghouse within 30 days of a query, FMCSA will automatically notify the employer.
4. Prohibitions Based on Clearinghouse Results
Employers may not allow drivers to operate if Clearinghouse results show:
A verified positive drug test.
An alcohol concentration of 0.04 or greater.
Refusal to test.
Employer-reported drug or alcohol use violations.
Exceptions apply only if:
The driver has successfully completed the SAP (Substance Abuse Professional) process including evaluation, treatment, and return-to-duty testing.
The driver has not yet finished follow-up testing but has achieved a negative return-to-duty test, and the employer assumes responsibility for managing the follow-up plan.
5. Recordkeeping Requirements
Employers must retain:
A record of every Clearinghouse query.
All information received from the Clearinghouse.
Records must be kept for three years.
Since January 6, 2023, maintaining a valid Clearinghouse registration fulfills this recordkeeping requirement.
Why the Clearinghouse is Critical
Enhances Road Safety Prevents CDL drivers with drug/alcohol violations from being rehired without rehabilitation. Supports Employers Provides real-time violation data for better hiring and compliance decisions. Ensures Accountability Creates a nationwide system of recordkeeping accessible to employers, regulators, and law enforcement.
Summary
The FMCSA Clearinghouse is not optional—it is a mandatory compliance tool for all motor carriers and CDL employers. By conducting pre-employment queries, running annual checks, and keeping accurate records, employers can ensure they remain compliant with 49 CFR § 382.701 while promoting highway safety.
