FAQs

Employers must conduct drug testing at a rate of 50% starting January 1st, 2020.

Yes, Any employee, full or part-time, must be in 1 or more pools if he/she performs safety sensitive functions for single/multiple employers. 49 CFR, Part 40.1 states that this includes “all transportation employee including self-employed (owner operator), contractors and volunteers (churches/scouts, non-profits) as covered by DOT regulations.” Federal drug and alcohol testing management is an employer, not employee responsibility. 

A blood alcohol level of .02 is a violation while performing DOT regulated safety sensitive functions. An employer is required to remove this employer from safety sensitive function until their next regular schedule shift. A blood alcohol of .04 or higher is treated just like a failed drug screen. Go to the section of Substance Abuse professional for guidance on failed drug and/ or alcohol screens.

For non-CDL persons, the employer would be required to set expectation or standard within their company Drug & Alcohol Policy with reference to how the policy will be enforced. 

Note: When off duty, your employee is treated like any other citizen and is subject to local government BAC limitations. Example: WI is .08.

The Clearinghouse is a secure online database that will give employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information will also be recorded in the Clearing house.

The Clearinghouse will go into effect on January 6, 2020

Employers, Service Agents, Employees, Substance Abuse Professionals, Medical Review Officers, Cloud Storage.

Employers, their Service agents and C/TPAs will be required to query the Clearinghouse for pre-employment screening and annual verification.

Clearinghouse Registration is OPEN: Log on to the FMCSA Clearinghouse website (see bottom of FAQ) to sign up to receive email updates, including a notification once registration is open. Registration is OPEN.

• Employers that require a USDOT Number will manage these Clearinghouse Administrator and Assistant roles via the Federal Motor Carrier Safety Administration (FMCSA) Portal. Are you a motor carrier without a Portal account? If so, you can register for one now.
• Make sure all users at your company create their own Portal account with the proper Clearinghouse user role.)
• Other Clearinghouse Administrators will be able to invite and manage assistants once they are registered in the Clearinghouse.

A full query shows detailed information about a driver’s drug/alcohol violations in their Clearinghouse record. A full query is required on all applicants for CDL/CLP driving positions (FMCSA). A limited query does not release any specific drug/alcohol violation information found in the driver’s Clearinghouse record, but simply informs the employer that a full query is required. A limited query should be run at least annually for all existing CDL drivers (FMCSA).

Employers may designate a C/TPA or C/TPAs to conduct queries and/or report violations on their behalf. The C/TPA must be registered in the Clearinghouse before an employer can select the C/TPA, and C/TPAs must be designated by the employer before reporting drug and alcohol program violations or querying the Clearinghouse on their behalf. Find us listed as: Compliance Services of Wisconsin Inc.

An owner-operator (an employer that employs himself or herself as a commercial driver’s license (CDL) driver, typically a single-driver operation) must designate their C/TPA(s) as part of their Clearinghouse registration process.

Yes, the driver must provide consent (written or electronic) prior to the employer obtaining the query. The type of consent required, either general for limited or specific for full, depends on the type of the query requested by the employer. May have annual or multiyear consent for limited query.

Registration is valid for 5 years unless revoked or cancelled. The FMCSA will cancel Clearinghouse registrations that are inactive for 2 years.

For more information please visit: https://clearinghouse.fmcsa.dot.gov/FAQ/FAQLearnMoreAll

To complete the actions outlined above, drivers must be registered in the Clearinghouse. Drivers who register early will have their Clearinghouse accounts and contact preferences set up, allowing you to quickly respond to query requests from employers on or after January 6, 2020. Registration is available at https://clearinghouse.fmcsa.dot.gov/Register

• View their own driver record electronically.
• Provide electronic consent to release detailed drug and alcohol program violation information to a current or prospective employer.
• Identify a substance abuse professional (SAP) so the SAP may enter specific information regarding the driver’s return-to-duty (RTD) activities.