FMCSA Online Drug and Alcohol Database Requirements Set to Start on January 1, 2020

The Federal Motor Carrier Administration (FMCSA) is establishing the Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse). This new database will contain information pertaining to violations of the U.S. Department of Transportation (DOT) controlled substances (drug) and alcohol testing program for CDL drivers. Congress required the FMCSA to create the Clearinghouse in Section 32402 of the Moving Ahead for Progress in the 21st Century Act (MAP-21).

The Clearinghouse will provide FMCSA and employers with the tools necessary to identify drivers who are prohibited from operating a CMV based on DOT drug and alcohol program violations, and to ensure that such drivers receive the required evaluation and treatment before operating a CMV on public roads. Specifically, information maintained in the Clearinghouse will enable employers to identify drivers who commit a drug or alcohol program violation while working for one employer, but who fail to subsequently inform another employer (as required by current regulations). Records of drug and alcohol program violations will remain in the Clearinghouse for five years, or until the driver has completed the return-to-duty process, whichever is later. FMCSA's Clearinghouse is scheduled to be implemented later this Fall.

Driver Requirements
Under the FMCSA program, every CDL driver who applies for a driving job must register in the online Drug & Alcohol Clearinghouse beginning January 1, 2020. FMCSA's Clearinghouse will require every driver who applies for a CDL driving job to:

• Register with the Clearinghouse
• Log on to the Clearinghouse to provide an electronic "consent" to a prospective employer to search the Clearinghouse for the full details of any prior drug or alcohol program violations.

According to FMCSA, the Clearinghouse website is the only valid method for drivers to provide consent for employers to access their drug and alcohol history. Failing to provide timely consent may result in a driver being prohibited from performing safety-sensitive functions (hauling HAZMAT) for that employer.

Employer Requirements
The Clearinghouse will require employers to do the following:

• Query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a commercial motor vehicle (CMV) on public roads.
• Annually query the Clearinghouse for each driver they currently employ.

State Driver Licensing Agencies will be required to query the Clearinghouse whenever a CDL is issued, renewed, transferred or upgraded.