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The Clearinghouse provides FMCSA and employers the proper information to identify drivers who are prohibited from operating a CMV based on U.S. Department of Transportation (DOT) drug and alcohol program violations, and ensure that drivers receive the required evaluation and treatment before operating a CMV on public roads.
The Clearinghouse rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40 and 382 by current and prospective employees.
Employers who do not comply with the Clearinghouse requirements are subject to civil and/or criminal penalties not to exceed $2,500 for each offense.
Federal Carrier offers complete guidance and consultation to help navigate through the Clearinghouse. We Operate as your C/TPA and will stay on top of all the changing requirements and regulations for you so you can do what you do best.
The Clearinghouse is a secure online database that gives employers, the FMCSA, State Driver Licensing Agencies (SDLAs), and State law enforcement personnel information in real time about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. An act of Congress directed the Secretary of Transportation to establish the Clearinghouse.
The Clearinghouse enables employers and other agencies to identify CDL and CLP drivers who commit drug and alcohol program violations while working for one employer, but who fail to subsequently inform another employer, which is required by current regulations.
Read more: How the FMCSA Clearinghouse Affects You
Under the Clearinghouse final rule, an employer who employs himself/herself as a driver (owner operator) must designate a third-party administrator (TPA) to comply with the Clearinghouse reporting requirements. Owner-operators will need to register in the Clearinghouse and assist a C/TPA (in this case, Federal Carrier) to act on their behalf. The owner-operator is unique and must follow the Clearinghouse requirements of the driver and of the employer.
FMCSA also charges for queries, a flat fee of $1.25 per query is charged. Employers must purchase a query plan to ensure they or their designated C/TPAs can conduct queries.
Its important to be clear with your employees. Employers must add language to their FMCSA drug and alcohol testing policies to notify drivers and driver-applicants that information will be reported to the Clearinghouse. Reporting requirements must be met within three business days after the employer learns of the information.
The Information employers must share:
Drivers will need to register with the Clearinghouse so that they can consent to allowing carriers to query the database for their records. Starting in October, drivers seeking new employment should begin to register. Federal Carrier helps employers update their policies as required to notify drivers and driver-applicants of new requirements to the FMCSA Clearinghouse rules. Give us a call today, and let us help you get compliant.
Federal Carrier won’t ONLY register your required compliance requirements, but we’ll also stay by your side throughout the entire process. Start getting compliant today!
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