Great Ready for FMCSA Drug and Alcohol Clearinghouse II Rule

FMCSA

Beginning November 18, 2024, State Driver Licensing Agencies (SDLAs), such as the California Motor Vehicle Department, will be required to remove the commercial driving privileges of drivers in a “prohibited” status in the Drug and Alcohol Clearinghouse.

According to the Federal Motor Carrier Safety Administration (FMCSA), the Clearinghouse was established as Phase I in January 2021 as a secure online database that gives employers, FMCSA, 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 enables employers to identify drivers who commit a drug and alcohol program violation while working for one employer but fail to inform another subsequent employer. The FMCSA says there are over 175,000 CDL/CPL drivers with “prohibited” statuses in its Drug & Alcohol Clearinghouse.

With Phase II in effect next month, the FMCSA aims to remove disqualified CDL/CPL drivers from our roads to boost safety and reduce Department of Transportation (DOT) drug and alcohol violations. This phase/final rule supports the agency’s goal of ensuring only qualified drivers are eligible to obtain and retain a CDL.

Commercial driving privileges are removed until the driver completes the DOT return-to-duty (RTD) process.

Employers Prepare for FMCSA Drug & Alcohol Clearinghouse-II

Ensure no CDL/CPL drivers have outstanding drug or alcohol offenses in the Clearinghouse database. Run regular limited queries on each driver to look for any records of violations, and then, if necessary, execute full queries to gather further information about these infractions. If violations are discovered, drivers must be withdrawn from safety-sensitive activities and follow the DOT’s return-to-duty process.

All DOT-regulated drivers must participate in a DOT drug and alcohol testing program, which includes pre-employment, random, post-accident, return-to-duty, and reasonable suspicion testing.

To comply with FMCSA standards, accurate and up-to-date records of all FMCSA Clearinghouse queries, signed driver permission forms, and DOT drug and alcohol tests must be kept. Consider employing an automated DOT compliance application to manage this process more efficiently.

Ensure that all CDL/CPL drivers know the repercussions of noncompliance with the Clearinghouse-II, including losing their commercial driving credentials. It is crucial to note that even if banned drivers find work elsewhere, they must still go through the RTD process to reinstate their commercial license.

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