What You Need to Know About the Clearinghouse II Roll Out by FMCSA
Updated: Oct 8
In an effort to close gaps in federal drug & alcohol testing regulations, the Federal Motor Carrier Safety Administration (FMCSA) will soon roll out Clearinghouse Phase II—a significant change to the manner in which driver drug & alcohol violation data is accessed and utilized by State Driver's Licensing Agencies (SDLAs).
Effective November 18, 2024, FMCSA, the federal agency charged with regulating the operation of commercial drivers and vehicles, will require SDLAs to downgrade any existing CDLs or CLPs of drivers who are in so-called "prohibited" status in the Drug & Alcohol Clearinghouse due to past drug or alcohol violations. SDLAs must also consult the Clearinghouse and decline to issue or renew CDLs to any drivers found to be in prohibited status. Until these drivers comply with return-to-duty (RTD) requirements, they will be ineligible to hold a CDL or CLP.
This rule change comes nearly five years after FMCSA first stood up the Clearinghouse, a central database that holds crucial driver-specific controlled substance and alcohol records. Since January of 2020, the Clearinghouse has accumulated these drug & alcohol violation data from employers, medical review officers (MROs), and other industry stakeholders and made that data available to prospective employers of these drivers. As we've described in other articles, employers of CDL drivers are required to query the Clearinghouse each time they hire a new driver and annually thereafter to ensure drivers are not prohibited from performing safety sensitive functions due to a failed drug or alcohol test or similar violation.
As of September 2024, over 250,000 CDL drivers have been reported to the Clearinghouse for a drug or alcohol violation. 177,092 of those drivers remain in "prohibited" status, having not progressed through the RTD process.
But since 2020, some drivers and their employers have attempted to exploit a gap in the system, which the FMCSA will now close with Clearinghouse Phase II. That gap allowed CDL drivers in some states to retain their CDLs or CLPs despite being prohibited from driving a commercial vehicle due to a drug or alcohol violation. Come November 18th, SDLAs will be mandated to downgrade existing CDLs and CLPs of any such drivers, meaning well over 170,000 CDL drivers will lose their CDL privileges come November, if they haven't already. And going forward, once an SDLA receives notification that an existing CDL drivers has been placed in "prohibited" status in the Clearinghouse, they will have 60 days to downgrade that driver's CDL.
To ensure there are no surprises come November, employers of CDL drivers would be well advised to run Clearinghouse queries on all existing CDL drivers to ensure none are in "prohibited" status. Any that are must be removed immediately from safety sensitive functions, including driving. Employers should also be running pre-employment full Clearinghouse queries on all prospective CDL drivers to ensure they are not prohibited from operating due to a past drug or alcohol violation.
Drivers who are currently in "prohibited" status within the Clearinghouse must complete the RTD process in order to remove the prohibition. We broke this process down in a detailed article here. Once they complete this process, drivers will be eligible to reinstate their CDLs.
Conclusion
As the impending implementation of Clearinghouse II looms large, stakeholders across the transportation industry should ensure they are prepared. By staying informed and adapting to these changes, the industry can collectively elevate safety standards, diminish compliance gaps, and mitigate risks associated with unsafe driving practices.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.