The FMCSA Drug and Alcohol Clearinghouse-II is a new phase of the federal database that tracks commercial drivers' DOT drug and alcohol violation records.
Under the new Clearinghouse-II, CDL and CPL drivers with "prohibited" statuses in the Clearinghouse — meaning they have recorded drug or alcohol violations and have not yet completed the DOT return-to-duty (RTD) process — will lose their commercial driving privileges on or before the November 18, 2024 deadline.
The introduction of Clearinghouse-II has sparked significant concern among employers regulated by the Federal Transit Administration (FTA) and the Federal Railway Administration (FRA). While these agencies do not require the utilization of the FMCSA Drug and Alcohol Clearinghouse, its implementation could substantially affect their safety and operations.
The Concern Among FTA and FRA-Regulated Employers
Both FTA and FRA-regulated businesses should be aware that employees who drive could be prohibited from operating commercial vehicles due to past violations recorded in the Drug and Alcohol Clearinghouse that were not disclosed during the hiring process. Since these modes do not use the Clearinghouse, employers may be unaware of their drivers' violations until it's too late.
The Pressing Dilemma for Transit Companies
There is a significant concern for transit companies in particular. Many drivers who previously held jobs under the Federal Motor Carrier Safety Administration (FMCSA) may have failed drug and alcohol tests and were marked as "prohibited" in the Clearinghouse. There is a risk that these drivers may have moved into the transit industry without disclosing their drug or alcohol DOT violations to their new employers.
While these drivers can work in other modalities, their commercial licenses will be revoked on the Clearinghouse-II deadline — and their employers may have no idea.
How to Address the Impending Clearinghouse-II
Both FTA and FRA-regulated companies should consider implementing proactive measures to reduce the risk of losing valuable employees or leaving vehicles in their fleets without qualified drivers.
Voluntary Driver Clearinghouse Queries
While not mandated, employers could run voluntary queries on their employees who drive to identify past drug or alcohol violations. This free Foley guide explains the different types of FMCSA Clearinghouse queries and the consents required for each one: Queries & Consents: Everything You Need to Know About DOT Clearinghouse Recordkeeping.
Foley offers complete FMCSA Drug and Alcohol Clearinghouse management for companies that employ drivers. If you're interested in running queries on your drivers before the Clearinghouse-II deadline, please click here.
Motor Vehicle Record (MVR) Monitoring
Enrolling employees who drive as part of their job duties in an MVR monitoring program will give FRA and FTA-regulated employers the upper hand with the Clearinghouse-II. Once their driver's license information is uploaded to the program, employers will receive a notification if any employees' licenses have been revoked as a result of the Clearinghouse-II regulation on or after November 18. This will allow employers to make crucial decisions to improve the safety of their operations.
The image below represents what a revoked license alert may look like on an MVR check.
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Foley's MVR Monitor program is available in our exclusive Dash platform. Click here to get a free demo of the program and see how it could help your company get ahead of the Clearinghouse-II.
Get Ready for the Clearinghouse-II with Free Help from Foley
Our compliance experts at Foley are helping federally regulated companies prepare for the new phase of the FMCSA Drug and Alcohol Clearinghouse. If you have questions about the upcoming regulation, contact us or check out our entire library of free Clearinghouse-II resources here.
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