Have You Heard of the Clearinghouse?
If not, keep reading. If yes....keep reading!!!
Effective Jan 6, 2020: employers, CDL drivers and self-employed owner-operators are REQUIRED to utilize the Clearinghouse.
What is the Clearinghouse?
It is a database for urine drug screen and breath alcohol violations for FMCSA regulated workers to include their Return to Duty status post completion of a Substance Abuse Program(s).
Why is this important to me? If you operate safety sensitive machinery, 18-wheelers and/or are self-employed using your CDL you are REQUIRED to sign up NOW. Do not think that this is optional, this is REQUIRED.
How to Register: visit www.clearinghouse.fmcsa.dot.gov
Employers will enter their portal credentials and DOT numbers (if applicable).
Drivers will enter their CDL Drivers License number. Self-Employed Owner Operators will be asked to verify their CDL Drivers License number and their Consortium/Third Party Agency.
NOTICE: If you are signed up with Thumbs Up Compliance's Drug and Alcohol Consortium and have an active account with us, please contact us to ensure your account is active, paid in full and up to date. Beginning January 2020, Consortium accounts will bill out Jan 1, 2020.
What are FMCSA required employers required to do in the Clearinghouse?
report violations and related information within 3 business days
query (search) for driver records post Jan 6, 2020
manage/add assistants and/or consortium/TPA's
Purchase query (search) plans.
Costs: $1.25 per query and/or an unlimited plan will be available.
Again, do not think that this is optional, this is REQUIRED.
What is the purpose of the Clearinghouse?
ROADWAY SAFETY!
Employers will have an easier way to meet pre-employment investigation and reporting obligations. Employers will have access to real-time drivers violation information. It will make it easier for the FMCSA to determine employer compliance with Drug and Alcohol Consortiums (Thumbs Up Compliance, if applicable) rules. It will make it harder for drivers to hide their drug and alcohol violations from employers.
What information will employers report?
Negative Return to Duty results. Completion of follow up testing (number of tests will vary)
Breath alcohol tests that are 0.04% or greater, test refusals and employers actual knowledge of alcohol use by an employee.
Knowledge means
employee using alcohol on duty
employee used alcohol within 4 hours of coming on duty
employee used alcohol prior to post-accident testing
employee has used a controlled substance
The employer will need to ensure this is all entered in the system by the close of the 3rd business day.
Important notes regarding employer reporting
Employers will not report information for violations prior to Jan 6, 2020.
Employers will still enter information even if the driver has not registered themselves.
Driver violation data will be kept for 5 years or indefinitely if the driver does not complete the Return to Duty process. ONLY FMCSA regulation should be reported.
DO NOT enter FTA, FRA, PHMSA, FAA or USMC.
Annual Query (Searching for Drivers Records):
THIS IS REQUIRED - but may wait until 01/05/2021. DO NOT WAIT TO PURCHASE QUERIES UNTIL 01/05/2021. Employers will need to begin purchasing queries to conduct pre-employment queries. Registered employers may purchase queries NOW. Nearly all forms of payment are accepted. Refrain from searching for drivers records for a while because of limited data. There will be two types of search methods: Limited & Full: limited used for annual reports and full used for pre-employment and periodic reports.
Consent to Search:
Employers must obtain a consent to search record for ALL queries. If there is no consent given w/in 24 hours after notice, you will be required to remove the driver from safety-sensitive duties. URGE your drivers to go online and register ASAP. This will guarantee consent from the driver so employers may search records. BOTH the employer AND the driver are responsible for registering the driver. If the employer has entered your information that DOES NOT mean you are in the clear. If the driver has entered their information that DOES NOT mean that the employer is in the clear. The driver MUST register online to give consent to search records.
Questions? Email: lauren.warren@premier.care
Thank you,
Lauren Warren, Occupational Health Coordinator