FMCSA Drug and Alcohol Clearinghouse

The FMCSA Drug and Alcohol Clearinghouse is a secure online database that records drug and alcohol program violations by commercial driver's license (CDL) and commercial learner's permit (CLP) holders. It lets employers and state licensing agencies see, before a driver gets behind the wheel, whether that driver has an unresolved violation. It protects the public by stopping drivers from hiding a positive test or refusal by moving to a new employer or a new state.

Every employer of CDL drivers subject to DOT testing must use it, and so must the medical review officers, substance abuse professionals and third-party administrators who support those programs. The rules are in 49 CFR Part 382, Subpart G.

What Is the Drug and Alcohol Clearinghouse?

The Clearinghouse is created by 49 CFR Part 382, Subpart G, sections 382.701 through 382.727. It works alongside the broader DOT drug and alcohol testing rules for CDL drivers. Part 382 says when drivers must be tested and what conduct is prohibited. The Clearinghouse makes violations of those rules visible to the next employer.

A few terms come up constantly:

• Violation: a verified positive, adulterated or substituted drug test, an alcohol confirmation result of 0.04 or higher, a refusal to test, or other prohibited conduct that an employer has actual knowledge of.
• Limited query: a check that shows only whether a driver's record contains any information. The driver's consent for it can be obtained outside the Clearinghouse.
• Full query: a check that releases the details of any resolved or unresolved violations. The driver must give consent through the Clearinghouse before it is released.
• Prohibited status: the status shown for a driver with a violation who has not completed the return-to-duty process. A prohibited driver may not perform safety-sensitive functions.

Who Must Comply?

The Clearinghouse rules apply to everyone covered by Part 382: employers of drivers who operate commercial motor vehicles requiring a CDL, in interstate or intrastate commerce, and the drivers themselves. They also apply to service agents.

• Employers must register, run queries and report certain violations.
• Owner-operators are both employer and driver. They must designate at least one consortium/third-party administrator (C/TPA) in the Clearinghouse to report violations and return-to-duty information on their behalf.
• Medical review officers (MROs) report verified drug test results.
• Substance abuse professionals (SAPs) report assessment and completion information.
• State driver licensing agencies check the Clearinghouse before issuing, upgrading or transferring a CDL or CLP.

Drivers need their own Clearinghouse account to view their record and to give the electronic consent a full query requires, so most CDL holders register before they job hunt.

Key Requirements

Queries (382.701)

• Pre-employment: an employer must run a full query before a driver first performs safety-sensitive functions for it.
• Annual: an employer must query the Clearinghouse at least once a year for every driver it employs. A limited query satisfies this, but if it shows information exists, the employer must run a full query within 24 hours or remove the driver from safety-sensitive work until it does.
• Previous employer checks: since January 6, 2023, FMCSA-regulated employers meet the drug and alcohol part of the previous-employer investigation under 382.413 through the Clearinghouse. Information from non-FMCSA DOT employers, such as transit or aviation, must still be requested directly from those employers.

Employers must keep records of each query and the information received for three years.

Reporting deadlines (382.705)

• MROs report verified positive, adulterated or substituted drug test results within 2 business days of the determination, and report changes within 1 business day.
• Employers report alcohol results of 0.04 or higher, negative return-to-duty results, refusals they determine, completion of follow-up testing, and violations based on actual knowledge by the close of the third business day after obtaining the information.
• SAPs report the date of the initial assessment by the close of the next business day, and report when the driver is eligible for return-to-duty testing by the close of the business day after that determination.

Return to duty and removal

A driver with a violation stays prohibited until the return-to-duty process under 49 CFR Part 40, Subpart O is complete and a negative return-to-duty result is reported. Under 382.719, the violation remains visible to querying employers until the SAP information and the negative return-to-duty result are reported, the driver completes all follow-up testing, and five years have passed since the violation date.

Clearinghouse II and CDL downgrades

The second Clearinghouse rule took effect on November 18, 2024. From that date, state driver licensing agencies must remove commercial driving privileges from drivers with a prohibited status, which downgrades the license until the driver completes the return-to-duty process. States must also check the Clearinghouse before issuing, upgrading or transferring a CDL or CLP. FMCSA explains the process on its Clearinghouse II announcement.

Fees and data correction

Each query costs $1.25, whether limited or full, according to FMCSA's query plan page. Employers buy query plans in the Clearinghouse, and a C/TPA can run queries for an employer but cannot buy them on its behalf. Drivers are never charged to view their own record. Drivers may petition FMCSA to correct inaccurate information, but under 382.717 a petition can address only administrative errors, not the accuracy of a test result or refusal.

Use of information

Employers may use Clearinghouse data only to decide whether a driver is prohibited from safety-sensitive functions, and may not share it with anyone not involved in that decision (382.723).

Common Violations and Penalties

• Hiring without a full query. Letting a new driver work before the pre-employment full query comes back clean is a frequent finding.
• Missing annual queries. Drivers hired mid-year, part-time drivers and office staff who occasionally drive are easy to miss.
• Not reporting. Employers sometimes assume the MRO reports everything. Alcohol results, refusals and actual-knowledge violations are the employer's responsibility.
• Owner-operators without a designated C/TPA. Without one, violations and return-to-duty information cannot be reported correctly.
• Letting a prohibited driver drive. This is a serious violation for both the employer and the driver.
• Poor query records. Employers must be able to produce three years of query records during an audit.

Under 382.727, employers, drivers, MROs and service agents who violate Subpart G are subject to civil and criminal penalties under 49 U.S.C. 521(b)(2)(C). Penalty amounts are adjusted for inflation; check the current figures in 49 CFR Part 386.

How to Comply: Step by Step

1. Register your company. Create an employer account at clearinghouse.fmcsa.dot.gov and assign administrators. Owner-operators should also designate their C/TPA.
2. Buy a query plan. Make sure you have enough queries for annual checks and expected hiring.
3. Update hiring procedures. Add the pre-employment full query and driver consent step before any safety-sensitive work begins.
4. Collect limited query consent. Keep a signed consent from each driver that covers annual limited queries.
5. Schedule annual queries. Track the query date for every driver and run the next one before twelve months pass.
6. Assign reporting duties. Make one person responsible for employer reports within three business days.
7. Handle hits correctly. If a limited query shows information, run a full query within 24 hours or remove the driver from safety-sensitive work.
8. Keep records. Retain query records for three years and file them with each driver's driver qualification file.

How SMS360 Helps

SMS360's DOT Compliance tools help carriers stay ahead of Clearinghouse deadlines. Fleet managers can keep each driver's consent forms and query records with the rest of the driver file, set reminders before the annual query is due, and assign follow-up tasks when a result needs action.

Dashboards show which drivers are due or overdue, and digital checklists help hiring teams confirm the pre-employment full query is done before a new driver is dispatched. When an audit or a compliance KPI review finds a gap, corrective actions can be assigned and tracked to closure.

Frequently Asked Questions

How often do employers need to query the Clearinghouse?

Employers must run a full query before a new driver performs safety-sensitive work, and at least one query on every driver each year after that. A limited query is enough for the annual check. If the limited query shows the driver has information on file, the employer must run a full query within 24 hours.

How much does a Clearinghouse query cost?

FMCSA charges $1.25 per query, and the price is the same for limited and full queries. Employers buy query plans in the Clearinghouse. Drivers are not charged to view their own records.

How long do violations stay in the Clearinghouse?

A violation stays visible until the driver completes the return-to-duty process and all follow-up testing, and five years have passed since the violation date. Both conditions must be met. Completing return-to-duty early changes the driver's status to not prohibited, but the violation remains visible for the full period.

Can a driver lose a CDL because of the Clearinghouse?

Yes. Since November 18, 2024, states must remove commercial driving privileges from drivers with a prohibited status, which downgrades their license. The driver must complete the return-to-duty process before the state will allow the CDL privileges to be reinstated.