Who reports violations to the Clearinghouse?
Employers and Medical Review Officers (MROs) are both required to report drug and alcohol program violations in the Clearinghouse per § 382.705. Employers can hire a consortium/third-party administrator (C/TPA) in the Clearinghouse, such as DISA, to assist with meeting these reporting requirements; however, the employer retains ultimate responsibility for compliance. According to the Clearinghouse, employers are responsible for reporting the following:
• An alcohol confirmation test with a concentration of 0.04 or higher
• Refusal to test (alcohol) as specified in 49 CFR § 40.261
• Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR § 40.191
• Actual knowledge of a drug or alcohol violation, as defined in 49 CFR § 382.107
MROs are responsible for reporting the following:
• Verified positive, adulterated, or substituted drug test result
• Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR § 40.191
Do all trucking companies use Clearinghouse?
The Clearinghouse is required for all Commercial Driver’s License (CDL) drivers operating Commercial Motor Vehicles (CMVs) on public roads, as well as for their employers and service agents. Examples include but aren’t limited to:
• Interstate and intrastate motor carriers, including passenger carriers
• School bus drivers
• Construction equipment operators
• Limousine drivers
• Municipal vehicle drivers (e.g., waste management vehicles)
• Federal and other organizations that employ drivers subject to FMCSA drug and alcohol testing regulations (e.g., Department of Defense, municipalities, school districts)
Do I need to run a CDLIS or worry about FMSCA regulations if my drivers only have Class B CDL's and do not go out of state?
If drivers are required to have a Class B CDL in order to operate vehicles, then the FMCSA Regulations in Part 382 and Part 383 will apply to your operations. Other areas of the regulations, such as Part 391 or Part 395, may apply to the motor carrier even if they don’t leave the state. Those sections apply to motor carriers operating in interstate commerce, which cannot be determined based solely on never leaving a given state. Interstate commerce is an activity that might occur without a truck ever leaving a single city. We advise that you contact the FMCSA for assistance in determining the applicability of the regulations.
What is the FMCSA Clearinghouse for?
The FMCSA established the Clearinghouse rule to require mandatory use of the Clearinghouse for employers to report and collect information about a driver’s drug and alcohol history and violations. The Clearinghouse will contain violations per the FMCSA regulations, including any positive drug or alcohol test results and test refusals. The database provides real-time access, helping employers identify drivers who aren’t legally permitted to operate a commercial motor vehicle (CMV), thus further protecting their company by filtering out employees who could pose a dangerous risk.