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.

Yes. When a violation is entered, the Clearinghouse associates it with a driver’s commercial driver’s license (CDL) information. This will be recorded even if the driver has not registered for the Clearinghouse. When an employer queries a driver’s information in the Clearinghouse (with the appropriate consent), they will enter the driver’s CDL information to verify if any violations are associated with that driver’s CDL.

A driver is required to enter their CDL information during their Clearinghouse registration. This allows them to view any violation or return-to-duty (RTD) information associated with their CDL.

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.

Within two business days of making a determination or verification of a Department of Transportation (DOT)-approved drug test, an MRO must report:

• Verified positive, adulterated, or substituted controlled substances test results; or
• Refusal-to-test determination.

The MRO must report any changes of a verified drug test within one business day of making any changes to the reported results.

Registration is required to complete these actions—visit https://clearinghouse.fmcsa.dot.gov/Register to register.

Because your Clearinghouse account is associated with the email address you used to create your Login.gov account, you will need to update your email address with Login.gov.

To change the email address associated with your Login.gov account, go to https://secure.login.gov/ and sign in to your Login.gov account. Click on “Add email” and go through the process of adding your new email address. Then, click on “Delete” next to the email address you are replacing and go through the process of deleting it. For more information, visit the Login.gov website.

For more information on creating or managing your login.gov account, visit https://login.gov/contact.

If your employer has a USDOT Number, visit https://clearinghouse.fmcsa.dot.gov/register and register as an Employer. When prompted, enter your FMCSA Portal credentials. (Don’t have a Portal account? Register for one today. Once you have a Portal account, be sure to select the correct Clearinghouse user role.)

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. Download the instructional job aid.

The Clearinghouse will notify the driver using the method indicated during the driver’s Clearinghouse registration—either mail or email—any time information about the driver is added, revised, or removed. If the driver has not yet registered for the Clearinghouse, these notifications will be sent by mail using the address associated with the driver’s commercial driver’s license (CDL).

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.

An owner-operator (an employer that employs himself or herself as a commercial driver’s license (CDL) driver, typically a single-driver operation) must designate their C/TPA(s) as part of their Clearinghouse registration process.

Employers are charged a fee to conduct limited and full queries within the Clearinghouse. There are no fees for registration or other Clearinghouse activities.

Employers can purchase a query plan that fits their business needs. Learn more about the query plans.

Yes. In accordance with the Drug and Alcohol Clearinghouse Terms of Use, the following actions may result in revocation of your Clearinghouse registration under 49 CFR § 382.713.

1. Failure to comply with the FMCSA IT Rules of Behavior.
2. Failure to comply with the Clearinghouse Terms of Use.
3. Failure to comply with the Clearinghouse requirements in 49 CFR Part 382.
4. Failure to comply with an FMCSA request for copies of documents related to the Clearinghouse (e.g., copies of consent forms).
5. Failure to comply with any of the prescribed rights and restrictions on access to the Clearinghouse, including but not limited to, submission of inaccurate or false information and misuse or misappropriation of access rights or protected information from the Clearinghouse and failure to maintain the requisite qualifications, certifications and/or training requirements as set forth in 49 CFR Part 40.
6. For Service Agents, failure to perform the duties prescribed under 49 CFR Parts 40 and 382, or being subject to a Public Interest Exclusion under 49 CFR Part 40, Subpart R.
7. Being under government-wide suspension or debarment under 2 CFR part 180.

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.

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.

Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record—this includes all pre-employment queries.

A driver must also be registered to electronically view the information in his or her own Clearinghouse record.

Registered drivers will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers. Registration is available at https://clearinghouse.fmcsa.dot.gov/register.

Drivers may:

• View their own driver record electronically.
• Provide electronic consent to release detailed drug and alcohol program violation information to a current or prospective employer.
• Identify a substance abuse professional (SAP) so the SAP may enter specific information regarding the driver’s return-to-duty (RTD) activities.

To complete the actions outlined above, drivers must be registered in the Clearinghouse. Registered drivers will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers. Registration is available at https://clearinghouse.fmcsa.dot.gov/Register .