Table Of Content
- Before You Register
- How does an employer or consortium/third-party administrator (C/TPA) submit a bulk query?
- What are a medical review officer’s (MRO’s) responsibilities for reporting information to the Clearinghouse?
- What types of drivers and employers will the Clearinghouse affect?
- Subscribe to our blog for the latest news from the Clearinghouse
Per 49 CFR 40.25(h), all DOT-regulated employers are required to comply with requests for information under § 40.25(b). This information would be available in the FMCSA-regulated employer’s Query History page. FMCSA does not require that motor carrier employers subject to the Agency’s drug and alcohol use and testing regulations in 49 CFR Part 382 use this sample format to obtain an employee’s consent to conduct a limited query of the Drug and Alcohol Clearinghouse. Drivers who perform only FTA-regulated safety-sensitive functions are exempt from Part 382, including the Clearinghouse requirements, as are their employers. These drivers and employers are subject only to the alcohol and/or controlled substances testing requirements of Part 655.
Before You Register
FMCSA-regulated employers should not refer employers regulated by other DOT modes to the Clearinghouse to obtain this information. Only FMCSA-regulated employers are authorized to query the Clearinghouse. To complete the actions outlined above, employers and C/TPAs are required to register in the Clearinghouse. Driver violation records will be available in the Clearinghouse for five years from the date of the violation determination, or until the violation is resolved through the successful completion of the return-to-duty (RTD) process and follow-up testing plan, whichever is later. Users who are registered as Clearinghouse Administrators may invite additional users to serve in an Assistant role, enabling them to use the Clearinghouse on their company’s behalf.
How does an employer or consortium/third-party administrator (C/TPA) submit a bulk query?
Employers may conduct a limited query, which requires consent outside of the Clearinghouse. If the limited query returns that records were found in the Clearinghouse for the queried driver, the employer must receive electronic consent for a full query from the driver in the Clearinghouse before detailed information may be released to the querying employer. The employer may also conduct a full query at any time, provided the employer has obtained the required electronic consent for the release of detailed violation information for the queried driver. Only results of DOT drug or alcohol tests or refusals may be reported to the Clearinghouse. While employers may conduct drug and alcohol testing that is outside the scope of the DOT testing requirements, positive test results or refusals for non-DOT testing may not be reported to the Clearinghouse.
What are a medical review officer’s (MRO’s) responsibilities for reporting information to the Clearinghouse?
Employers are required to report a drug and alcohol program violation by the close of the third business day following the date on which the employer obtained the information. An employer is required to conduct pre-employment and annual queries for all drivers subject to drug and alcohol testing under 49 CFR Part 382. “The Congressionally-mandated Drug and Alcohol Clearinghouse is now open and operational. The clearinghouse is a step towards improving safety—ensuring that employers and enforcement personnel have access to the real-time information they need to identify drivers who should not be behind the wheel.
Are there plans to support an employer interface allowing for automated uploads via a web service, or similar?
This does not have to be retained in the driver qualification file, but the employer must be able to provide evidence upon request. All other users must contact your Clearinghouse Administrator to request an invitation to register for the Clearinghouse. Once you receive this invitation email, follow the link in the email to begin your registration in the Clearinghouse.
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Posted: Thu, 27 Jan 2022 16:54:02 GMT [source]
What types of drivers and employers will the Clearinghouse affect?
1FISMA is the Federal Information Security Modernization Act, U.S. legislation that provides a comprehensive framework for protecting government information, operations, and assets. Getting faster access to transcripts better equips students and alumni to compete for career and educational opportunities. Your students and alumni can order transcripts quickly and securely anytime, anywhere, and from any mobile device. Give students and alumni faster access to their transcripts with less work for you. If you are deaf, hard of hearing, or have a speech disability, please dial to access telecommunications relay services. Official websites use .govA .gov website belongs to an official government organization in the United States.
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No, the final rule does not change any existing requirements in the U.S. Department of Transportation (DOT)-wide procedures for transportation workplace drug and alcohol testing. An individual with an employer or consortium/third-party administrator (C/TPA) who can manage users on behalf of their company. Credentialed medical review officers (MROs) and substance abuse professionals (SAPs) are also considered Clearinghouse Administrators and can invite Clearinghouse Assistants.
Who is a Clearinghouse Administrator?
Yes, all Mexican or Canadian employers, employees, or service agents operating in the United States that are subject to the Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol testing requirements must comply with the Clearinghouse final rule. Due to the Federal Motor Carrier Safety Administration (FMCSA) security requirements and the sensitive nature of driver violation information, employers and consortia/third-party administrators (C/TPAs) must access the Clearinghouse directly. In addition, the Clearinghouse final rule requires FMCSA to record specific consent for the release of the driver’s detailed violation information within the Clearinghouse. The Clearinghouse contains 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 is also recorded in the Clearinghouse. Commercial drivers are not required to immediately register for the clearinghouse, but will need to register to respond to an employer’s request for consent prior to a pre-employment query or other full query being conducted.
The National Student Clearinghouse® Research Center™ provides year-round comprehensive reports on the evolving educational landscape. Our insights help schools, outreach programs, and educational organizations support learners and set them on the path to greater success. Our commitment to student privacy and compliance is why institutions, organizations, and learners nationwide trust the National Student Clearinghouse.
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On the other hand, FTA-regulated entities that employ drivers who also perform FMCSA-regulated safety-sensitive functions must comply with the relevant alcohol and/or controlled substances testing requirements of Part 382. The following examples illustrate how employers subject to Part 655 also could be subject to Part 382. The employer may still report the drug and alcohol program violation even if the required timeframe has passed. However, the Clearinghouse captures the date the violation was reported.
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