FMCSA Drug and Alcohol Clearinghouse Overview and Updates

Let's get this out of the way up front: I am a staunch advocate for road safety. I believe that no policy or regulation aimed at protecting drivers should be exempt from scrutiny or debate. An unexamined rule isn't worth enforcing. When you combine that with my commitment to transparency and public accountability, it's clear why I'm a vocal proponent of the FMCSA Drug and Alcohol Clearinghouse. It's a critical tool for enhancing road safety and maintaining the integrity of our transportation system.?

This system is not without its critics. Some argue that the Clearinghouse could unfairly penalize drivers for past mistakes or lead to privacy concerns. Moreover, while it provides a path to rehabilitation, the barriers to re-enter and difficulty to find a company willing to take the risk of rehiring the driver with that documented history causes many drivers to leave the industry, which exacerbates the driver shortage. But let’s be real – the primary goal here is safety. We’re talking about preventing potentially catastrophic accidents caused by impaired driving. The benefits of such a system outweigh the drawbacks.??

With all that being said, I thought I would provide a bit of a crash course on what the FMCSA Drug and Alcohol Clearinghouse and what new changes will take effect on November 18th, 2024.?

The First Clearinghouse Rule: Establishing the Database?

The first Clearinghouse rule, which came into effect in January 2020, laid the groundwork for the entire system. This rule mandated the creation of the Drug and Alcohol Clearinghouse, a centralized database designed to track drug and alcohol violations among commercial driver’s license (CDL) holders.?

Before this rule, there was no single source of information for employers, state agencies, or law enforcement to verify a driver’s compliance with drug and alcohol regulations. This lack of centralized data made it easier for drivers with violations to move between employers undetected, potentially endangering everyone on the road.?

Here’s how the first rule changed the game:?

1. Real-Time Data Access: Employers must check the Clearinghouse database before hiring a new driver and annually for current drivers. This ensures that any past violations are flagged and addressed.?
2. Mandatory Reporting: Employers, medical review officers, substance abuse professionals, and other relevant parties are required to report drug and alcohol violations to the Clearinghouse. This includes positive test results, test refusals, and actual knowledge of violations.?
3. Return-to-Duty Process: Drivers with violations must complete a return-to-duty process and follow-up testing plan before they can resume safety-sensitive functions. This is tracked within the Clearinghouse, ensuring no driver skips steps in their rehabilitation.?

The first rule essentially built the infrastructure for a safer, more transparent commercial driving industry. It closed significant gaps in the system, ensuring that all stakeholders have the information they need to make informed decisions about driver safety and compliance.?

The Second Clearinghouse Rule: Expanding Scope and Enhancing Safety?

The second Clearinghouse rule, proposed in 2021, is set to take effect November 18th, 2024. While the first rule focused on establishing the database and mandatory reporting, the second rule seeks to broaden who has access to this critical information and under what circumstances.?

Here’s what the second rule introduces:?

1. State Driver Licensing Agencies (SDLAs) Access: Under this rule, SDLAs are required to query the Clearinghouse before issuing, renewing, upgrading, or transferring a CDL. This ensures that no driver with outstanding drug or alcohol violations can obtain or renew their CDL without first resolving those issues.?
2. Annual Queries for SDLAs: In addition to pre-issuance checks, SDLAs must perform annual queries on all CDL holders licensed in their state. This regular check helps maintain ongoing compliance and catches any new violations promptly.?
3. Enhanced Employer Notifications: Employers can now receive real-time electronic notifications when there is an update to a driver’s Clearinghouse record. This immediate feedback loop allows for faster action and response to any new violations.?

The second rule is about fortifying the safety net established by the first rule. By expanding access to the Clearinghouse and ensuring continuous monitoring, the FMCSA is making sure that drivers with unresolved violations do not slip through the cracks at any point in their careers.?

So what’s this mean for employers??

The second rule is mostly adding standards for the states, but leaving the legislation and processes they enact to meet these standards up to them. Ideally, this means rather than adding work for employers it will save them time; employers should see from running the MVR that a driver has a downgraded license due to a “prohibited” clearinghouse status, and cannot be employed. Since this has been in the works three years, let’s cross our fingers the states are already prepared to implement this change. However, given how long it’s taken some to implement Real ID, let’s not count on the time savings immediately come November.?