FMCSA Clearinghouse Update Rule Starting from 6 th January 2020 The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s Clearinghouse will become operational on 6th January 2020, and FMCSA – regulated employers must be ready to comply with the Clearinghouse requirements on that date. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle driver’s drug and alcohol program violations. Although the Clearinghouse update took effect on 4th January 2017, the implementation date for FMCSA – regulated employers are 6 th January 2020. Watch 49 CFR Part 382, Subpart G, among others. The Clearinghouse rule requires FMCSA – regulated employers, Medical Review Officers, Substance Abuse Professionals, consortia/third party administrators and other service agents to report to the Clearinghouse information related to violations of FMCSA’s drug and alcohol testing regulations by current and prospective employees. Moreover: Employers must query the Clearinghouse for current and prospective employees’ drug and alcohol program violations before permitting those employees to operate a commercial motor vehicle on public roads. Employers are required to query the Clearinghouse annually for each driver they currently employ. State driver licensing agencies will be required to query the Clearinghouse whenever a CDL (Commercial Driver’s License) is issued, renewed, transferred or upgraded. Here are the specific dates that FMCSA – regulated employers must be aware of, and steps to prepare for compliance: Fall 2019: Register with the Clearinghouse: Employers (and their service agents) should log on to the FMCSA Clearinghouse to register with the Clearinghouse and become familiar with the site. Link- https://clearinghouse.fmcsa.dot.gov/. Clearinghouse registration is valid for five years unless canceled or revoked. Revise the Drug and Alcohol Testing Policy. Besides, FMCSA regulations update require employers to add language to their FMCSA drug and alcohol testing policies to notify drivers and driver-applicants that the following information will be reported to the Clearinghouse:
A verified positive, adulterated, or substituted drug test result; An alcohol confirmation test with a concentration of 0.04 or higher; A refusal to submit to a drug or alcohol test; An employer’s report of actual knowledge, as defined at 49 CFR § 382.107; On duty alcohol use according to 49 CFR § 382.205; Pre-duty alcohol use according to 49 CFR § 382.207; Alcohol use following an accident according to 49 CFR § 382.209;
Drug use according to 49 CFR § 382.213; An SAP’s report of the successful completion of the return to duty process; A negative return to duty test; and, An employer’s report of completion of follow-up testing.
6th January 2020: Queries of New Hires/ Transfers: Employers must query the Clearinghouse before allowing a newly-hired commercial motor vehicle driver (or current employee who transfers into such a position) to begin operating a commercial motor vehicle. Drivers must sign a consent form allowing the employer to do so. Annual Queries of Current Employees: Employers must query the Clearinghouse at least once per year for each driver they currently employ. Drivers must sign a consent form allowing the employer to do so. The employer must maintain records of all queries and information obtained in response to the query, for three years. (As of 6th January 2023, an employer who maintains a valid registration fulfills the requirement). Reporting of Drug and Alcohol Program Violations: Employers must report the driver’s drug and alcohol program violations (mentioned in the points above) to the Clearinghouse within three business days after the employer learns of the information. Employers must prohibit drivers who have violated FMCSA’s drug and alcohol program regulations from performing safety-sensitive duties unless the driver complies with the return to duty process set forth at 49 CFR Part 40, Subpart 0 (requiring SAP evaluation, possible treatment, return to duty testing and follow-up testing). 6th January 2023: Safety Performance History Investigations: In addition to the items listed above, employers also required to conduct the drug and alcohol testing portion of the safety performance history investigation of driver applicants through the Clearinghouse. Employers still will be required to obtain the other information required by the safety performance history investigation regulations (e.g., accident history) directly from the driver-applicants’ previous DOT-regulated employers, just because of that information is not reported to the Clearinghouse. Employers who do not comply with the FMCSA Clearinghouse requirements are subject to the civil or criminal penalties set forth at 49 U.S.C 521 (b)(2)(C) (i.e., civil penalties not to exceed $2500 for each offense). FMCSA-regulated employers should review and revise their drug and alcohol testing policies and become familiar with the Clearinghouse requirements before the implementation date. Important Recent Development: Most recently, expanded and updated frequently asked questions (FAQ’s) were published and are accessible at the following link:
https://clearinghouse.fmcsa.dot.gov/FAQ? utm_source=FMCSA&utm_medium=GovDelivery&utm_campaign=FAQs
Note that more information is required before service agents, including Securecheck360, can move ahead with some of the practical steps to comply with the updated rule. That being stated, preparatory work proceeds as we work to determine the support that Securecheck360 can offer our clients to guarantee our consistence as a service agent. Securecheck360 proceeds to intently pursue all advancements on the Clearinghouse and to pursue clarity as needed. For more information, please contact 855-955-4777 Or mail us on info@securecheck360.com