Clearinghouse Training Florida DCF

Table Of Content

• Create an Account
• How will the second Drug and Alcohol Clearinghouse final rule (Clearinghouse-II) improve safety on our Nation’s roads?
• Instant results
• In addition to the SDLA requirements, does the October 2021 final rule have other impacts on the States?
• How can I track the progress of my bulk queries?
• Students & Learners

Terms that States may use to indicate a dismissal include Nolle Prosequi (Nolle Pros’d or Nolle Prossed), withdrawn, or discontinued. The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving). The procedures governing Clearinghouse registration revocation are set forth in the Clearinghouse Terms of Use; see the Clearinghouse Terms of Use or the Clearinghouse Terms of Use for Employers. An employer or service agent who knowingly submits false information to the Clearinghouse may be subject to criminal and/or civil penalties. You'll need one to register for courses, purchase publications and view members-only resources.

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However, the limited consent request must specify the timeframe the driver is providing consent for. The clearinghouse is aimed at improving road safety by providing FMCSA and employers the necessary tools to identify drivers who have violated federal drug and alcohol testing program requirements and are prohibited from operating a Commercial Motor Vehicle (CMV). The goal of the clearinghouse is to ensure that such drivers receive the required evaluation and treatment before they have the opportunity to resume driving. Why is FMCSA changing its enforcement policy regarding actual knowledge violations based on the issuance of a citation for DUI in a CMV? The change will increase fairness to drivers while continuing to ensure CMV safety. Issuance of a citation for DUI in a CMV is a serious action, which raises legitimate safety concerns that justify a driver’s immediate removal from safety-sensitive functions.

How will the second Drug and Alcohol Clearinghouse final rule (Clearinghouse-II) improve safety on our Nation’s roads?

The Department of Children and Families licenses and regulates programs for children and vulnerable adults. Part of this process is a required Level II Background Screening pursuant to Chapter 435, Florida Statute. Each year the Department completes over 225,000 screenings to ensure the safety of the vulnerable. This first step is being overlooked in order to give the Clearinghouse permission to pull your portal data.

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Login.gov will automatically send you back to the Clearinghouse to complete your Clearinghouse registration. Select a user role below to review what you will need to complete Clearinghouse registration. RCH Shareholder Services is a wholly owned subsidiary of Retirement Clearinghouse, LLC and a registered transfer agent with the U.S.

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In addition to the SDLA requirements, does the October 2021 final rule have other impacts on the States?

An employer must conduct a pre-employment query for a prospective employee in the Clearinghouse prior to hiring the employee for a position requiring him or her to perform safety-sensitive functions, such as operating a commercial motor vehicle (CMV). The employer must also query the Clearinghouse annually for all currently employed CDL drivers. A full query allows the employer to see detailed information about any drug and alcohol program violations in a driver’s Clearinghouse record. An employer must obtain the driver’s electronic consent in the Clearinghouse prior to the release of detailed violation information during the full query. Once a driver has registered in the Clearinghouse, he or she will be able to access his or her Clearinghouse record electronically, at no cost.

How can I track the progress of my bulk queries?

You will need to login to the FMCSA portal account (if you just created an account, you will need to log-out and log back in), hover over “Account Management” and click the drop-down “My Profile”. The annual query requirement is tracked on a rolling 12-month (365-day) basis. For example, if an employer conducts a preemployment query on a prospective employee (or an annual query on a current employee) on December 1, 2022, and the employer is then hired, the employer is not required to conduct another query on that employee again until December 1, 2023. Employers may obtain a multi-year general consent from the driver for limited queries. A sample limited consent form from the Federal Motor Carrier Safety Administration (FMCSA) is available.

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This information may be reviewed during an investigation of the employer’s operations and compliance with the Federal Motor Carrier Safety Regulations. On October 7, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule establishing requirements for SDLA’s access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse (86 FR 55718). A history of an employer’s full and limited queries, including those conducted by a designated C/TPA, is maintained in the Clearinghouse. This includes records of the driver’s response to consent requests for any full queries conducted or initiated. If the Clearinghouse experiences a technical issue that prevents users from conducting queries, FMCSA will post a notification on the home page informing employers that they may hire a driver using only the procedures set forth in 49 CFR 391.23(e). If no such notification is on the home page, the requirement to conduct pre-employment queries, in addition to the manual inquiries established in § 391.23(e), prior to engaging a driver in safety-sensitive functions is in effect.

Students & Learners

If a consortium third-party administrator (C/TPA) initiated the query on behalf of the employer, the C/TPA’s Clearinghouse users will also receive the notification email. These users will also see a notice of new information in the Query History. However, the Agency does not fall within FCRA’s definition of “consumer reporting agency.” Therefore, provisions of the FCRA that impose obligations on “consumer reporting agencies” do not apply to the Agency’s administration of the Clearinghouse regulations. If an employer or consortium/third-party administrator (C/TPA) is subject to the FCRA, they should comply with their individual requirements. Yes, there is no requirement that the employer personally perform the registration.

Having a 3rd party that specializes in making sure your drug testing program follows state and federal rules and regulations and relieves the burden of many tasks. The first step of the CDL Clearinghouse registration process is to log into your FMCSA Portal account in order to give permission to the Clearinghouse website to access the portal account data. The Background Screening Unit processes screening results for health care providers in Florida currently licensed by the Agency for Health Care Administration. Processing includes making a determination of eligibility and evaluating applications for exemption. The Unit is also responsible for the maintenance and administration of the Care Provider Background Screening Clearinghouse. May a CDL driver who received a traffic citation for DUI in a CMV resume performing safety-sensitive functions before non-conviction is established?

The state of Florida neither endorses links nor approves of links to external sources. External links are made available for the convenience of the internet user. The state of Florida takes no responsibility for a link's operation or content. The links that are shown are not an exclusive listing of organizations available within the state. FMCSA enforcement personnel and State Driver Licensing Agencies should not complete Clearinghouse registration. FMCSA has developed several Clearinghouse factsheets, brochures, and instructional guides, customized by user type.

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The Federal Drug Testing Custody and Control Form (CCF) specifies the DOT agency requesting the test, and employers may only report to the Clearinghouse a positive result when FMCSA is agency designated on the CCF. Employers, C/TPAs, MROs, and SAPs can also invite users to complete required actions in the Clearinghouse on their behalf. The Clearinghouse contains only violations that occurred on or after January 6, 2020. If a driver’s violation occurred prior to January 6, 2020, and was in the return-to-duty (RTD) process when the Clearinghouse was implemented, the violation and any related RTD activity will not be entered into the Clearinghouse. Further, Drivers have the right to request inaccurate information in their Clearinghouse record be corrected. In accordance with the Department of Transportation’s Privacy Act procedures in 49 CFR part 10, subpart E, drivers may submit a written request to the Chief, Drug and Alcohol Programs Division, detailing the correction and the reasons the record should be so corrected.

After you complete the RTD process and your Clearinghouse status is updated to “not prohibited,” your State Driver Licensing Agency (SDLA) will allow you to reinstate your commercial driving privileges. Only Part 382 drug and alcohol program violations may be reported to the Clearinghouse. The Drug and Alcohol Clearinghouse statute allows the Federal Motor Carrier Safety Administration (FMCSA) to collect Clearinghouse fees when querying from all employers, including Federal, State, or local government entities that employ commercial motor vehicle (CMV) operators. All users registered under the employer, including Assistants, will receive the notification email.