FMCSA Clearinghouse

What is the FMCSA Clearinghouse?

FMCSA Clearinghouse is a centralized online database containing records of DOT FMCSA drug and alcohol program violations. The searchable, real-time database allows (REQUIRES!) employers to screen and query commercial drivers for any violations of drug and alcohol program.

With the implementation date set to January 6th 2020 it’s important for all employers to understand this new rule and what that will change as a result.

How Can InOut Labs Help You?

Your organization must be registered in the Clearinghouse and have selected InOut Labs as its C/TPA.

What Do We Include?

  • Unlimited consultation for all Clearinghouse matters
  • Sample Consent Forms
  • Sample Confidentiality Agreement
  • Required Annual Query
  • Required Pre-Employment Queries
  • Violation Reporting
  • Clearinghouse Registration Support Assistance
  • Reporting of negative RTD test
  • Reporting of successful completion of Follow-up Testing

 

Fact Sheets & Instructions

FMCSA Clearinghouse Support Prices

Clearinghouse Support is exclusively available only to Upstate Mobile Drug Testing clients.

Owner-Operators: You are required to employ the services of a C/TPA. We have raised annual dues to $199 per year to cover our Clearinghouse services to you.

To register as an owner-operator in our random testing consortium. Click here.

Note: For the purposes of the Clearinghouse, if the owner is also a driver, you are an Owner Operator. For Upstate Mobile Drug Testing, an Owner Operator is a one-employee company where the owner is the driver.

1-20 Drivers ($99 Per Year)

  • Up to 5 pre-employment full queries per year. $9.99 per additional.
  • Up to 5 violation reports per year. $9.99 per additional.

21-100 Drivers ($199 Per Year)

  • Up to 10 pre-employment full queries per year. $9.99 per additional.
  • Up to 10 violation reports per year. $9.99 per additional.

101+ Drivers ($299 Per Year)

  • Up to 25 pre-employment full queries per year. $9.99 per additional.
  • Up to 25 violation reports per year. $9.99 per additional.

FMCSA Clearinghouse FAQs

  • Employers, employees, service agents that are required to comply with DOT and FMCSA drug and alcohol testing requirements:
    49 CFR Part 40
    49 CFR Part 382 and 383
  • Includes Employers, employees, service agents in Mexico and Canada as well as Commercial Learner’s Permit (CLP) holders and Owner Operators.

  • 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 any test required by 382 subpart C
  • An Employer’s report of actual knowledge as defined in 382.107
  • A Substance Abuse Professional (SAP) report of successful completion of the Return to Duty process
  • A negative return to Duty test result
  • An Employer’ s report of completion of Follow‐Up Testing

  • Records from DOT agencies other than FMCSA
  • Non‐DOT test results
  • Results verified before 1/6/2020
  • Negative test results –
  • Except Return to Duty
  • SAP reports and follow up plans

Drivers are identified by the Commercial Driver’s License (CDL) number and State of Issuance (not SSN)

Driver violation records remain available in the Clearinghouse for five years from the date of the violation determination, or until the violation is resolved through the successful completion of the return‐to‐duty (RTD) process and follow‐up testing plan, whichever is later.

  • A C/TPA can report violations to the Clearinghouse on behalf of an Employer
  • A C/TPA can conduct queries on behalf of an Employer using queries in the Employer’s account.

  • A C/TPA cannot register an Employer in the Clearinghouse. Employers must register for themselves.
  • A C/TPA cannot purchase queries for an Employer, nor can a C/TPA purchase and resell queries.
  • The aforementioned also applies to Owner Operators who must register themselves, purchase queries, AND select a C/TPA.

Nope. A driver must register himself or herself AND initiate consent to the Employer.

Unless you hold a CDL and are a driver, you can do this on your own. Your cost is merely the $1.25 per query that FMCSA charges – plus your time. If you opt to do it yourself, then you need to learn what’s required. Once you see the requirements (There ARE requirements!), you may decide you want help.

Employer’s Immediate Action Steps

1. Register as an Employer

Register your company as soon as possible and Identify Upstate Mobile Drug Testing as your C/TPA if you would like us to be able to perform queries and report violations on your behalf. If you are not yet a client, click here. Clearinghouse services are for clients only.

2. Get CDL Drivers to Register

Send notification to all employees (PDF) to register. Not a requirement, but life will be easier if they register.

3. Purchase Queries

Purchase Queries – How many? At a minimum add up the number of drivers you have plus how many you expect to hire in the next 12 months. Better to err on the high side. We suggest Owner Operators purchase at least 5. They’re $1.25 each.

4. Get Employee Consent

Have all existing CDLs and any hired from this point forward sign a Clearinghouse Driver Consent Form. If you do not have consent, you cannot perform a query. If you do not perform a query, you cannot use that employee for safety sensitive work (i.e. drive). The FMCSA Clearinghouse posted a sample consent form. We provide a better one for our clients. Wanna make sure you’re compliant? Use the contact button or call us to become a client.
  • Employers with a USDOT# will enroll through the FMCSA portal– NOT – the Clearinghouse
  • Assistants must be INVITED to enroll under the account
  • Employers designate their C/TPA within the Clearinghouse
  • Employers must purchase queries. For each year, you will need enough queries to run the annual query on all drivers as well as enough for each new hire. If you have 50 drivers and replace 10 per year with new hires, you will need at least 60 queries per year.
  • Encourage all existing employees to register in the Clearinghouse.

FMCSA Clearinghouse Queries

  • Full Query: Allows the Employer to see detailed information about any drug and alcohol program violations in a driver’s Clearinghouse record.
  • Limited Query: Allows an Employer to determine if an individual driver’s Clearinghouse record has any information about resolved or unresolved drug and alcohol program violations, but does not release any specific violation information contained in the record.
  • Pre‐Employment Query: Employers must not employ a driver subject to drug and alcohol testing to perform a safety‐sensitive function without first conducting a pre‐employment query. Must be a Full Query.
  • Annual Query: Employees must be Queried at least once within a 365‐day period based on their hire date, or another 12‐month period determined by the Employer, as long as the requirements of 382.701(b) are met. Can be accomplished by a Limited or Full Query.

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  • Full Queries and Limited Queries are both $1.25 per query.
  • Queries must be purchased in batches from FMCSA by the Employer and never expire.
  • C/TPAs are prohibited from purchasing queries on behalf of Employers.

Driver Consent for FMCSA Clearinghouse Queries

  • Pre‐Employment: Driver must provide specific consent to the Employer prior to each Full Query. This consent must be provided electronically within the Clearinghouse. Driver must be registered for a Full Query to be conducted.
  • Limited Annual Query: General consent required. Obtained outside the Clearinghouse and may be a multi-year general consent from the driver for limited queries. A sample limited consent form is posted on the Clearinghouse website for Employers’ reference. InOut Labs clients are provided a better version in editable format.
  • Full Annual Query: Electronic consent within the Clearinghouse is required prior to each search and consent must be received by Employer within 24 hours of request. Failure to consent would require the driver to be removed from Safety Sensitive Functions.

  • Drivers are notified when an Employer is conducting a query by the method selected at registration (email or postal mail). If the driver has not registered within the Clearinghouse, notification will be by US Postal mail to the address on CDL. This is one reason it is advisable for all drivers to register.
  • Drivers can consent or refuse consent to Queries on their Clearinghouse dashboard. Refusing may make them ineligible to drive.
  • Drivers will be able to see historical Queries and which Employer made on them.