An employer or service agent who knowingly submits false information to the Clearinghouse may be subject to criminal and/or civil penalties.

Employers and consortia/third-party administrators (C/TPAs) are required to provide specific documentation to support the reporting of actual knowledge or a refusal to test (§§ 382.705(b)(3) and (4)). The Federal Motor Carrier Safety Administration (FMCSA) will remove information from the driver’s Clearinghouse record that is determined to be false.

Whether, and how, a driver staffing agency would register in the Clearinghouse depends on whether the agency functions as an employer, a consortium/third-party administrator (C/TPA), or as both, depending on the services rendered.

The staffing agency should register in the Clearinghouse as an employer if: (1) the staffing agency maintains its own DOT drug and alcohol testing program; and (2) is responsible for ensuring compliance with FMCSA’s drug and alcohol testing requirements for the drivers it employs who are subject to those requirements.

The staffing agency may register in the Clearinghouse as a C/TPA if the motor carrier is responsible for drug and alcohol program compliance, including fulfilling the employer’s querying and reporting requirements, but designates the staffing agency to perform these functions on the carrier’s behalf, as permitted by § 382.711(b).

If the staffing agency will perform both functions, it should create two separate Clearinghouse accounts; one as an employer and one as a C/TPA, using a different email address for each account.

Yes. Under 49 CFR 382.705(b)(1)(ii), employers that are subject to FMCSA’s drug and alcohol regulations in 49 CFR part 382 are required to report drivers’ negative RTD test results to the Clearinghouse. However, if a driver does not have a current or prospective employer subject to part 382 to send the driver for an RTD test and upload the negative result, the driver may register in the Clearinghouse as an owner-operator and designate a consortium/third-party administrator (C/TPA) for the limited purpose of completing the RTD process. Once designated, the C/TPA can direct the driver to submit to an RTD test and report the negative RTD test result to the Clearinghouse on the driver’s behalf. When the C/TPA reports the negative RTD test result, the driver’s Clearinghouse status will change from “prohibited” to “not prohibited,” thereby allowing the driver to resume driving a CMV and performing other safety-sensitive functions. Note: the driver’s follow-up testing plan prescribed by the substance abuse professional must be administered by the driver’s employer when the driver resumes working in a DOT safety-sensitive position.

Drivers using this option will need to create a new account in the Clearinghouse with the “Employer” role (note: this will require creating a new Login.gov account). When registering, select “Register as an Employer and Driver” and be sure to select “Yes” for the question “Are you an owner-operator?” Download step-by-step instructions. Drivers should not apply for a U.S. DOT Number when using this option to complete the RTD process.

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.

Employers who have actual knowledge that a driver has used alcohol or controlled substances in violation of Subpart B of Part 382 must report such violations to the Clearinghouse, in accordance with § 382.705(b)(4). Service agents, such as a consortium/third-party administrator (C/TPA), acting on the employer’s behalf may also report actual knowledge violations, as long as they comply with the reporting requirements in § 382.705(b)(4). Actual knowledge, as defined in § 382.107, is based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substances use, except as provided in § 382.121.

No. The only negative test result reported to the Clearinghouse is a negative return-to-duty (RTD) result, which is reported by the employer or consortium/third-party administrator (C/TPA) in accordance with §§ 382.705(b)(1)(ii) or (b)(6). If the employer receives a negative-dilute RTD result from the MRO, the employer or C/TPA would report it to the Clearinghouse as a negative RTD result.

Authorized users include:

• CDL drivers
• Employers – this includes motor carriers and other employers of drivers operating commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) or commercial learner’s permit (CLP)
• Consortia/third-party administrators (C/TPAs)
• Medical review officers (MROs)
• Substance abuse professionals (SAPs)
• Enforcement personnel

Query plans may be purchased only on the FMCSA Clearinghouse website by registered employers. A consortium/third-party administrator (C/TPA) may not purchase a plan on behalf of an employer. Download the How to Purchase a Query Plan instructional job aid

Yes. Employers, consortia/third-party administrators (C/TPAs), medical review officers (MROs), and substance abuse professionals (SAPs) need to register their company. The individual users are managed by a representative for each company who serves as a Clearinghouse administrator to manage the company’s account.

Yes, there is no requirement that the employer personally perform the registration. As part of the Clearinghouse registration process, each authorized user must obtain their own unique login.gov credentials and a user verification process must be completed to ensure that only the authorized user is accessing the Clearinghouse by using those credentials. Regardless of who performs the registration function, the employer is ultimately responsible for compliance with Clearinghouse requirements.

Employers, drivers, medical review officers (MROs), substance abuse professionals (SAPs), and consortia/third-party administrators (C/TPAs) must register in the Clearinghouse to access the Clearinghouse.

Instructional job aids are available for:

• Employers with Portal accounts
• Employers without Portal accounts
• CDL drivers
• Consortia/third-party administrators
• Medical review officers
• Substance abuse professionals

Employers, C/TPAs, MROs, and SAPs can also invite users to complete required actions in the Clearinghouse on their behalf. These users would register as Clearinghouse Assistants.

The Clearinghouse is a centralized database that employers use to report drug and alcohol program violations and to conduct queries, which check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process. Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees.

In addition, employers may designate a C/TPA who can report violations and/or conduct queries on their behalf. An owner-operator—an employer that employs himself or herself as a CDL driver, typically a single-driver operation—must designate the C/TPA in the Clearinghouse.

To complete the actions outlined above, employers and C/TPAs are required to register in the Clearinghouse.

At this time, there are no integration specifications available. 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.

Yes. The Clearinghouse is subject to certain provisions of the FCRA. 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.

Employers should consult with their own experts for more information on how to comply with FCRA.

Employers who have previously conducted a query on a driver will be notified by email when there is new information in a driver’s Clearinghouse record if:

• The query was initiated on or after the September 14, 2022 System of Records Notice; and
• The new information was recorded after March 8, 2023.

All users registered under the employer, including Assistants, will receive the notification email. 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.

Yes. Employers may designate a C/TPA or C/TPAs to conduct queries and/or report violations on their behalf. The C/TPA must be registered in the Clearinghouse before an employer can select the C/TPA, and C/TPAs must be designated by the employer before reporting drug and alcohol program violations or querying the Clearinghouse on their behalf.

Yes. Anyone who employs a commercial driver’s license (CDL) holder must query the Clearinghouse (§ 382.701). This requirement includes owner-operators—that is, any employer that employs himself or herself as a CDL driver, typically a single-driver operation. Owner-operators must comply with all Clearinghouse requirements imposed on both employers and employees. An owner-operator’s designated consortium/third-party administrator (C/TPA) may conduct queries on their behalf. However, the C/TPA is responsible for reporting drug and alcohol program violations to the Clearinghouse for the owner-operator.

An owner-operator (an employer who employs himself or herself as a CDL driver, typically a single-driver operation) is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must designate a consortium/third-party administrator (C/TPA) to comply with the employer’s Clearinghouse reporting requirements (§ 382.705(b)(6)).

No. As of January 6, 2020, an employer’s valid registration in the Clearinghouse satisfies record retention requirements in §§ 382.701(e) and 391.53(b)(2) since the Clearinghouse now contains three years of drug and alcohol violation data.

The Clearinghouse retains a record of every query an employer conducts. This includes any queries conducted by a designated consortium/third-party administrator (C/TPA) on their behalf. Employers may choose to maintain separate copies of their Clearinghouse queries in a driver qualification file or driver investigation history file or other location but are not required to do so as of January 6, 2023.

However, under § 391.53(b)(2), if the employee was subject to drug and alcohol testing by a Department of Transportation (DOT) mode other than FMCSA, (Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.), employers must continue to retain copies of responses received from those DOT-regulated employers in the driver investigation history file, since violation information for other DOT modes is not reported to the Clearinghouse.

Per § 382.705, the following individuals must report the following information:

• Employers, or consortia/third-party administrators (C/TPAs) acting on behalf of an employer, enter drug and alcohol program violation information into the Clearinghouse.
• Medical review officers (MROs) enter drug violation information. The driver does not need to be registered in the Clearinghouse for a violation to be added to their Clearinghouse record.
• Substance abuse professionals (SAPs) enter the date of initial SAP assessment and date the driver is eligible for RTD testing.
• Employers enter the negative RTD test result(s) and the date the driver’s follow-up testing plan has been successfully completed.

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.

Employers must retain records of drivers’ limited consent for 3 years. This does not have to be retained in the driver qualification file, but the employer must be able to provide evidence upon request.

The Federal Motor Carrier Safety Administration (FMCSA) takes the protection of personal information very seriously. The Clearinghouse will meet all relevant Federal security standards and FMCSA will verify the effectiveness of the security protections on a regular basis.

• Clearinghouse information is not available to the public; only authorized users are able to register and access the Clearinghouse for designated purposes.
• The Clearinghouse requires authentication, via a login.gov username and password, to access records. Login.gov, a shared service which offers secure online access to participating government systems, also requires the completion of a user verification process to ensure the proper person is using those credentials.
• Drivers registered in the Clearinghouse can access their Clearinghouse records at any time, and at no cost to them. Drivers may only access their own information, not information about other drivers.
• FMCSA will only share detailed drug and alcohol violation information with a prospective or current employer, and/or their designated consortium/third-party administrator (C/TPA), when an employer or designated C/TPA has requested and received specific consent from the driver. Drivers will be able to see the information that would be released to an employer before consenting to the release.
• Driver information will only be used by FMCSA and other enforcement agencies as required to enforce drug and alcohol testing regulations.

Download and complete the Bulk Upload Template File. (C/TPAs: If you work with multiple employers, you will need to upload a separate file for each employer.) Once you have completed the bulk upload file, log in to the Clearinghouse. Under My Dashboard, go to Queries and select “submit a bulk upload.”

Employers and C/TPAs can assign Assistants to conduct queries and report drug and alcohol program violation information on their behalf. MROs and SAPs can assign Assistants to enter information in the Clearinghouse on their behalf.