Currently, over 175,000 CDL/CPL drivers are in a “prohibited” status within the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse. This will pose significant challenges for these drivers and their employers in the coming months. The FMCSA initially planned to implement the Drug and Alcohol Clearinghouse regulations in two phases. Phase one officially took effect on January 6, 2021, establishing a centralized database designed to record and track violations of the FMCSA’s drug and alcohol testing program by individuals holding CDLs. In phase two, also known as “Clearinghouse-II,” the FMCSA aims to remove disqualified CDL/CPL drivers from the roads to enhance safety and reduce drug and alcohol violations in the transportation sector, with this phase set to take effect on November 18, 2024.
## What is the FMCSA Drug and Alcohol Clearinghouse-II Rule?
The FMCSA’s Drug and Alcohol Clearinghouse-II rule mandates that State Driver Licensing Agencies (SDLAs) remove commercial driving privileges from any individual with a “prohibited” status in the FMCSA clearinghouse until the driver completes the Return-to-Duty (RTD) process.
This means drivers who have not resolved their violations within the FMCSA’s drug and/or alcohol clearinghouse will lose or be denied access to their CDLs or CPLs. Some SDLAs may begin this process before the deadline if they have legislative authority to query the FMCSA clearinghouse and take action based on its findings.
## What is the DOT Return-to-Duty Process for Clearinghouse-II?
Commercial drivers who fail a DOT drug or alcohol test, refuse to participate in these regulated tests, or are found to be in “prohibited” status upon querying the FMCSA clearinghouse must immediately be removed from safety-sensitive duties such as driving and undergo the DOT RTD process.
The RTD process is complex and involves numerous steps according to strict federal requirements. Foley’s on-demand webinar titled “How to Use the DOT Return-to-Duty Process to Comply with Clearinghouse-II” explains the entire process, helping companies bring prohibited drivers into compliance before the Clearinghouse-II deadline.
## How Can Companies Prepare for FMCSA Drug and Alcohol Clearinghouse-II?
The starting point of complying with Clearinghouse-II is ensuring that no CDL/CPL driver has unresolved drug or alcohol violations in the clearinghouse database. Employers should conduct limited queries on each driver regularly to check for violation records, and perform full queries when necessary to obtain detailed information about these violations. If a violation record is found, the driver must be removed from safety-sensitive duties and complete the DOT RTD process.
All drivers subject to DOT regulations must participate in a DOT drug and alcohol testing program that includes pre-employment, random, post-accident, return-to-duty, and reasonable suspicion tests.
Maintaining accurate and up-to-date records of all FMCSA clearinghouse queries, signed driver consent forms, and DOT drug and alcohol tests is essential for compliance with the FMCSA regulations. Consider using an automated DOT compliance program to efficiently manage this process.
Ensure that all CDL/CPL drivers understand the consequences of non-compliance with Clearinghouse-II, such as losing commercial driving privileges. It’s important to note that disqualified drivers seeking employment elsewhere still need to complete the RTD process to restore their commercial licenses.
## The Secret Key to Clearinghouse-II Compliance: Motor Vehicle Record Monitoring
It’s easy to assume that having a DOT-compliant drug and alcohol testing program and tracking driver clearinghouse records is the best way to stay ahead of Clearinghouse-II. While these are critical elements, there’s one more step to ensure any potential compliance gaps are filled: MVR monitoring.
All DOT-regulated businesses must pull each employee’s MVR annually. But what happens when a driver’s CDL is revoked due to Clearinghouse-II? Unless the driver voluntarily and honestly reports new violations, employers may remain unaware until the next annual MVR review or worse, during a compliance audit.
Regularly checking drivers’ MVRs can help avoid unexpected CDL/CPL revocations caused by Clearinghouse-II regulations. For an increasing number of companies, the solution is MVR monitoring. This automated process continuously tracks CDL drivers’ MVRs, helping businesses more easily identify issues, address concerns, and develop necessary corrective action plans.
## Ready with the Right Partner for FMCSA Clearinghouse-II
By hosting DOT drug testing, FMCSA clearinghouse management, and MVR monitoring on our platform, Foley simplifies the process of preparing for Clearinghouse-II while optimizing DOT compliance for owner-operators, safety managers, and fleet personnel. You can request a free, personalized demo here.
Foley will continue to report on Clearinghouse-II news and has created a dedicated library with reliable resources providing the latest and most accurate updates on the new regulations.
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Source: FreightWaves
