Clearinghouse driver records: What is reported?
DRIVER RECORDS
What information is reported to the Clearinghouse?
The FMCSA Drug & Alcohol Clearinghouse contains information on all violations of the FMCSA Drug and Alcohol Testing Program incurred by drivers who hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP). These violations include:
- Report for duty/remain on duty for safety-sensitive function with alcohol concentration of 0.04 or greater or while using any drug specified in the regulations (Part 40), other than those prescribed by a licensed medical practitioner
- Alcohol use while performing, or within four hours of performing, a safety-sensitive function
- Alcohol use within eight hours of an accident, or until post-accident test, whichever occurs first
- Test positive for use of specified drugs
- Refusing to submit to a required alcohol or drug test
What can a driver do about inaccurate information?
If an employer or medical review officer (MRO) enters violation information in your Clearinghouse record that you believe to be inaccurate, you may petition FMCSA to review the information by submitting a driver petition in FMCSA’s DataQs system. Download the Submitting a Petition for Data Review Job Aid for more details.
Note that you are permitted to challenge only the accuracy of information in the Clearinghouse reflected in one of the following categories:
- Accuracy of data in driver record
- Actual knowledge violation did not result in a conviction
- Actual knowledge violation did not comply with reporting requirements
- Refusal to test violation did not comply with reporting requirements
Drivers may not use the petition process to challenge the accuracy of test results or refusals.
How can drivers view their Clearinghouse record?
To view a Clearinghouse record electronically, a driver must be registered in the Clearinghouse and have verified his or her CDL or CLP information.
If you have completed registration but not verified your CDL/CLP information, log in to the Clearinghouse and navigate to My Driver Profile and click Add CDL#.
Having trouble verifying a CDL?
If your CDL number has special characters (such as spaces or dashes), try entering the CDL number with or without these characters, as requirements vary by State. If your CDL number begins with a zero, or multiple zeroes, be sure to enter these.
Not registered? Register today.
The Return-to-Duty Process: Who Does What?
Once a driver incurs a drug and alcohol program violation, that driver is prohibited from performing safety-sensitive functions, including operating a commercial motor vehicle (CMV) for any employer until the driver successfully completes the return-to-duty (RTD) process. During this process, there are three people that have Clearinghouse responsibilities: the driver, the driver’s substance abuse professional (SAP), and the driver’s employer.
After the driver incurs the violation:
- The driver’s employer provides the driver with a list of potential SAPs.
- The driver contacts and obtains a SAP, then logs in to the Clearinghouse and sends that SAP a designation request.
- The SAP accepts the designations request. The SAP will record two dates in the Clearinghouse: the date of the initial SAP assessment, and the date the SAP determines that the driver is eligible for RTD testing.
- The driver’s employer must direct the driver to take the RTD test. If the driver is not currently employed, they will need to secure employment with an employer willing to ‘sponsor’ them through the remainder of the RTD process. The employer is then responsible for recording when a driver has a negative RTD test result, and has successfully completed the follow-up testing plan.
- An employer may also designate a consortium/third-party administrator (C/TPA) to complete the steps above on their behalf.
For more information on this process, see 49 CFR part 40 subpart O or download the Return-to-Duty Process infographic below.
Download the RTD Process Infographic →
Email sent: 10/14/2020
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