Commercial Driver’s License Drug & Alcohol Clearinghouse

At RogersGray we pride ourselves on staying ahead of the curve in understanding our industry. We also realize that we can be a resource for our clients on more than just insurance transactions. We’ve included some great information from Joseph Mokrisky, one of our friends and trusted advisors. Joe specializes in helping companies with heavy fleet exposure run safely and efficiently. Our areas of focus tend to overlap, and many of the people that benefit from his services also see results on the insurance end with improved loss ratios and ultimately better rates. His advice is second-to- none and it is our pleasure to use this opportunity to make an introduction to one of our friends. We are also thankful that he offers a preferred rate for customers of RogersGray.

GUEST POST | JOSEPH MOKRISKY, COMMERCIAL VEHICLE CONSULTANT & DRIVER TRAINER

The Clearinghouse is a secure online database maintained by the Federal Motor Carrier Safety Administration that gives employers and drivers real-time information about CDL driver drug & alcohol program violations, thereby enhancing safety and giving drivers the tools for staying up-to-date on the information regarding their own drug & alcohol test results.

On January 6th, 2020, employers were required to conduct both electronic and traditional manual inquiries with previous employers to meet the three-year timeframe required by FMCSA’s drug and alcohol use testing program for checking CDL driver violation histories. Drivers can now view their own records for information recorded on or after January 6, 2020.

On January 6th, 2023, once three years of violation data are stored in the Clearinghouse, employers are no longer required to request information from the driver’s previous FMCSA-regulated employers under 391.23(e); an employer’s query of the Clearinghouse will satisfy that requirement.

WHAT INFORMATION WILL THE CLEARINGHOUSE CONTAIN?

The Clearinghouse will contain information on all CDL driver drug and alcohol program violations.

Violations Include:

• Reporting for duty/remaining on duty for safety sensitive function with alcohol concentration of 0.04 or greater while using any drug specified in the regulations (Part 40) other than those prescribed by a licensed medical practitioner
• Alcohol use while performing, or within four hours of performing, a safety sensitive-function
• Alcohol use within eight hours of an accident, or until post-accident test, whichever occurs first
• Testing positive for use of specified drugs
• Refusing to submit to a required alcohol or drug test

HOW CAN I USE THE CLEARINGHOUSE?

EMPLOYERS
Ensure that no current or prospective employee is prohibited from performing a safety-sensitive function, e.g., operating a commercial motor vehicle, due to a drug & alcohol program violation for which a driver has not successfully completed a Return to Duty (RTD) Process. CDL

DRIVERS
View their own record, provide consent to current or prospective employers to access details about any drug & alcohol program violations, and select a Substance Abuse Professional if needed.

HOW DOES THIS NEW PROGRAM HURT OR HELP?

IF YOU ARE AN EMPLOYER – HURTS & HELPS
It hurts you only if you do not currently conduct preemployment or random drug & alcohol testing. It helps you avoid violating the regulations and reduces your exposure to large financial penalties. You are also protected from the risk of hiring a driver who failed a mandated test from a previous employer. The costs associated with a driver that was found at fault in a collision and did not complete the required Return to Duty Process are impossible to forecast. This program can help employers reduce this risk.

IF YOU ARE A DRIVER – HELPS
It helps you maintain accurate information regarding your test results. If a test is recorded incorrectly you have the ability to correct it. In the event you are applying for a new job, you can print out your information and bring it with you, showing you have no failed tests. This helps you highlight your experience and helps the potential employer expedite the interview process.

WHAT TYPES OF DRIVERS AND EMPLOYERS WILL THE CLEARINGHOUSE AFFECT? 

All CDL drivers who operate CMVs on public roads, and their employers and service agents.

This includes, but is not limited to:

• Interstate and Intrastate motor carriers including passenger carriers
• School bus drivers
• Construction equipment operators
• Limousine drivers
• Municipal vehicle drivers. (e.g. dump, or waste management vehicles