Employers to Query FMCSA Clearinghouse for Drug and Alcohol rules violations
Federal Motor Carrier Safety Administration (FMCSA) announces more details regarding the Clearinghouse Query process
FMCSA has established that employers must purchase “Query Plans” to perform the queries required under the new Clearinghouse for violations by commercial drivers of rules governing illicit drugs use and alcohol use. Employers must register with the Clearinghouse. The plans will cost $1.25 for each query. Plans come in bundles of one query, tens, hundreds, or thousands, at the same price per query. An unlimited plan is available for very large companies. Employers must purchase the Query Plans, even if they have designated a Service Agent (like CMR) to perform the queries and record any violations. Drivers who employ themselves must designate a Service Agent to act as an employer for this purpose, but must still purchase the FMCSA Query Plans from their employer accounts.
Employers must query the Clearinghouse for drivers status
Employers or their Service Agents must perform a “Limited Query” with a driver’s written permission, on each driver at time of hire, and once each year. If the Limited Query identifies no entries for a given driver, no further action is needed. If the Limited Query discloses there have been entries to the Clearinghouse, the employer must perform an additional “Full Query”. The Driver must be registered with the Clearinghouse to give online permission for the Full Query. Employers will then be able to see what violations have been recorded. They will also see whether any violations have been remediated – i.e. whether a Substance Abuse Professional has indicated completion of any required treatment and education. In addition the Clearinghouse records will indicate if Return to Duty and Follow-up testing has been successfully completed.
Service Agents must be authorized by Employers
Employers must assure that any violations of drug and alcohol regulations will be reported to the Clearinghouse. Self-employed drivers must designate their Service Agent (C/TPA) to perform this function. Employers of drivers other than themselves MAY designate the Service Agent to report on their behalf, and to perform Queries on their drivers. Medical Review Officers (MROs) and Service Agents have reporting requirements in addition to any they may perform on behalf of the employer.