Understanding the Clearinghouse
Employers with DOT-regulated vehicles requiring operators to hold a Commercial Driver’s License (CDL) may be familiar with the Drug and Alcohol Clearinghouse regulation (referred to as the “Clearinghouse”). Phase I of this regulation, under the Federal Motor Carrier Safety Administration’s (FMCSA) authority, went into effect on January 6, 2021.
The Clearinghouse is a secure online database that enhances safety by providing employers with access to information crucial for making decisions about driver placement in safety-sensitive functions, including operating a Commercial Motor Vehicle (CMV). This centralized database records and tracks violations of the FMCSA’s drug and alcohol testing program for individuals holding a CDL or Commercial Learner’s Permit (CLP). Employers, CDL/CLP drivers, and any consortia/third-party administrators must be registered and/or designated. The regulation outlines specific actions employers and CDL/CLP drivers must take to comply. Please refer to the following link for an overview and other information to assist in this process and answer general questions: https://clearinghouse.fmcsa.dot.gov/
How to Prepare
Clearinghouse Phase II takes effect on November 18, 2024. Phase II requires State Licensing Agencies to remove commercial driving privileges from the driver’s license of anyone with a “prohibited” Clearinghouse status until they complete the Return-To-Duty (RTD) process. The RTD process involves several steps outlined in the FMCSA requirements. To comply with Phase II, CDL/CLP drivers must:
- Resolve any drug or alcohol violations in the Clearinghouse database.
Employers should:
- Run queries on each driver to check for violation records.
- Remove drivers with violations from safety-sensitive duties.
It is important that all DOT-regulated drivers are enrolled in your company’s drug and alcohol program, including pre-employment, random, post-accident, return-to-duty, and reasonable suspicion testing. Additionally, ensure your drivers understand the consequences of non-compliance with Clearinghouse II, which includes losing their commercial driving privileges. Drivers must complete the RTD process to reinstate their commercial license.
To help facilitate this process, employers can consider an automated monitoring program that actively tracks Motor Vehicle Records (MVRs) for gaps or surprises. Several online service vendors, including Samba Safety, perform this process. Check out their website for more information and see if they might be a good partner: https://sambasafety.com/
Recent reports indicate many drivers with a “prohibited” status have not started the RTD process and will be unable to drive. We encourage you to be proactive and prepare for this second phase.
Reach out to an Advisor
Contact a SISCO risk consultant for more information on how to comply with the Clearinghouse Phase II regulations and to discuss your specific needs. They can provide tailored guidance and support to ensure your organization is fully prepared.