If you are one of the following parties, you must register for the Clearinghouse:

  • Safety-sensitive employer
  • Consortia/Third-Party Administrator (C/TPA)
  • Medical Review Officer (MRO)
  • Substance Abuse Professional (SAP)

CDL/CLP drivers will also need to create an account IF they want to check their Clearinghouse record for accuracy or if they need to consent to a full query. All other parties must have an account registered prior to the January 6, 2020 compliance deadline.

How do I Create a Clearinghouse Account?

To register with the DOT Clearinghouse, please click here. If you need registration assistance, you can give us a call at (800)713-5971 and we’ll walk you through the process.

What is a Clearinghouse Administrator?

The company representative that completes the registration process will be assigned as the Clearinghouse Administrator. In this role, they’ll be able to manage users on behalf of the company.

 

What are Clearinghouse Queries?

In the DOT Clearinghouse, employers will be able to run queries on their drivers’ records to check for drug and alcohol violations. There are two types of queries available:

  • Limited Queries only confirm whether a record exists for a driver – it doesn’t share what the details of that driver’s record is
  • Full Queries provide all of the details of a driver’s record in the Clearinghouse including the type of violation and when it occurred

If an employer runs a limited query and it results in a “hit,” they will be required to get consent from the driver to run a full query within 24 hours.

 

What Type of Consent is Required to Run Clearinghouse Queries?

Because the DOT Clearinghouse is protected by both the Privacy Act and Fair Credit Reporting Act, employers are required to get consent prior to running a query on a driver. The type of consent required is different depending on the query run:

  • Limited Queries require a consent form. Employers can have drivers sign a blanket consent form that enables you to run limited queries throughout their employment.
  • Full Queries require electronic consent within the Clearinghouse every time a full query is run. Drivers must login to their Clearinghouse account to give consent within 24 hours or they’ll be pulled from safety sensitive functions.

Employers are required to run queries on CDL drivers at two times:

  • full, pre-employment query must be run prior to hiring a new driver
  • A limited query must be run on all drivers at least once every 12 months for the duration of each driver’s employment.

 

Can a TPA Run Queries on the Employer’s Behalf?

Yes. While employers must purchase a query plan themselves, they can designate a TPA such as Foley in their account. This will enable the TPA to run full and limited queries on their behalf.

 

How is Violation and Return-to-Duty Information Reported to the Clearinghouse?

The final Clearinghouse rule requires the following individuals to report the following information to the Clearinghouse:

  • Employers, or consortia/third-party administrators (C/TPAs) acting on behalf of an employer, enter drug and alcohol program violation information into the Clearinghouse.
  • Medical review officers (MROs) enter drug violation information. The driver does not need to be registered in the Clearinghouse for a violation to be added to their Clearinghouse record.
  • Substance abuse professionals (SAPs) enter the date of initial SAP assessment and date the driver is eligible for RTD testing.
  • Employers will enter the negative RTD test result(s) and the date the driver’s follow-up testing plan has been successfully completed.

No. The Clearinghouse will only contain violations that occurred (in the case of actual knowledge) or have been confirmed by an MRO on or after January 6, 2020. Therefore, if a driver goes for a drug test and tests positive prior to that date, but the test is confirmed on January 6, the violation will be entered into the Clearinghouse.

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