Phase 2 of the Drug & Alcohol Clearinghouse regulation took effect on November 18, 2024. This regulation is also referred to as Clearinghouse II and focuses on the removal of disqualified CDL drivers from the roadways to boost safety and reduce DOT drug and alcohol violations.
What is the regulation for the FMCSA Drug & Alcohol Clearinghouse II?
FMCSA Drug & Alcohol Clearinghouse-II requires State Driver Licensing Agencies (SDLAs) to query the Drug and Alcohol Clearinghouse before issuing, renewing, or upgrading a CDL and to remove commercial driving privileges from individuals with a prohibited FMCSA Clearinghouse status until the driver completes the return-to-duty process.
What is a Prohibited FMCSA Clearinghouse Status?
A “Prohibited FMCSA Clearinghouse Status” means that a commercial driver has a record of drug or alcohol violations in the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse database.
What is the Return to Duty Process for the FMCSA Drug & Alcohol Clearinghouse II?
The return to duty process is a lengthy one with many strict federal requirement steps. At a glance, the steps are:
- Evaluation by a Substance Abuse Professional
- The driver must complete the recommended treatment and/or education program.
- Re-evaluation by the Substance Abuse Professional
- Return-to-duty testing
- Follow-up testing
How Can Carriers Stay Compliant with Clearinghouse II?
In order to ensure full compliance, carriers should maintain drug and alcohol testing programs and monitor drivers’ motor vehicle records throughout the year. If DOT-regulated businesses rely solely on annual motor vehicle records, it will leave them at risk. If a driver does not inform the company of any violations, it leaves carriers, unknowingly, in violation of Clearinghouse II and may incur fines if they are audited.
What is the FMCSA Clearinghouse?
The Federal Motor Carrier Safety Administration created a database in January 2020 called the Drug and Alcohol Clearinghouse. This database contains information pertaining to violations of the U.S. Department of Transportation controlled substances and alcohol testing program for CDL holders. Learn more.
Working with Fundamental Labor Strategies can help you ensure compliance with Clearinghouse II and any other regulations FMCSA and DOT roll out in the future. Contact us today at 877-357-7776 ext 4 to see how we can help.