Short Answer

The FMCSA Drug and Alcohol Clearinghouse is a database of CDL holders' drug and alcohol testing violations and Return to Duty status, in place since January 2020 and administered under 49 CFR § 382.701, part of Part 382, Subpart G. It applies specifically to CDL holders and their employers under FMCSA's jurisdiction, not to every DOT regulated mode of transportation. The questions below cover the topics that come up most often about registration, queries, consent, and record retention.

Frequently Asked Questions

What is the FMCSA Drug and Alcohol Clearinghouse?

A secure database administered by FMCSA containing records of verified positive drug tests, alcohol confirmation tests of 0.04 or higher, refusals to test, and other Part 382 violations by CDL holders, along with their Return to Duty status. It has been in effect since January 2020.

Who has to register in the Clearinghouse?

CDL holders subject to 49 CFR Part 382, and the employers, C/TPAs, and other service agents that support their testing programs. Drivers register under 49 CFR § 382.709 to respond to consent requests and view their own record. Employers register under 49 CFR § 382.711 to run queries and report violations.

What is the difference between a limited query and a full query?

Under 49 CFR § 382.701, a limited query only shows whether any violation record exists for a driver, without details, and relies on general or limited consent obtained outside the Clearinghouse. A full query shows the violation type, date, and Return to Duty status, and requires the driver's electronic consent given inside the Clearinghouse for that specific query.

How often must an employer query the Clearinghouse?

Employers must run a full query, with consent, before hiring a CDL driver into a safety sensitive position. For each currently employed CDL driver, employers must query at least annually, and a limited query is sufficient unless it surfaces a possible violation.

What happens if a driver will not give consent for a full query?

If a driver refuses, or does not respond to, a full query consent request, the employer cannot see the details of the record and must, under 49 CFR § 382.703, prohibit the driver from performing safety sensitive functions until consent is given.

What does it mean when a driver's record shows a violation?

It means the Clearinghouse has a record of a verified positive drug test, an alcohol confirmation test of 0.04 or above, a refusal to test, or another Part 382 violation for that driver.

What does Return to Duty status mean in the Clearinghouse?

It reflects whether the driver has completed the negative Return to Duty test required before resuming safety sensitive duty. Completing that test lifts the prohibition on driving, but the violation record itself is not resolved until the driver also completes the SAP's prescribed follow up testing plan.

How long does a violation stay in the Clearinghouse?

Under 49 CFR § 382.719, generally 5 years from the date of the violation or until the driver completes the full Return to Duty process, whichever is later. If the process is never completed, the record remains indefinitely.

Does the Clearinghouse cover drivers regulated by other DOT agencies, like aviation or rail?

No. The Clearinghouse is specific to FMCSA and to CDL holders subject to 49 CFR Part 382. Other DOT agencies, including FAA, FRA, FTA, PHMSA, and USCG, have their own drug and alcohol testing rules, but their records are not part of this particular database.

Applicable Regulations

The Clearinghouse itself is governed by Part 382, Subpart G, principally 49 CFR § 382.701 (queries), 49 CFR § 382.703 (consent), 49 CFR § 382.709 (driver registration), 49 CFR § 382.711 (employer and service agent registration), and 49 CFR § 382.719 (record retention). Related Return to Duty testing requirements referenced above are found at 49 CFR § 40.305 and 49 CFR § 40.307.

Professional Observation

In my experience, most confusion about the Clearinghouse traces back to two points covered above: the difference between a limited and a full query, and the fact that a negative Return to Duty test does not, by itself, close out a violation record. Readers who keep those two distinctions in mind avoid most of the common misunderstandings.

Related Articles

• What Is the FMCSA Drug and Alcohol Clearinghouse?
• What Is a Clearinghouse Query?
• How Do Clearinghouse Consent Requests Work?
• What Does Violation Status Mean in the Clearinghouse?
• What Does Return to Duty Status Mean in the Clearinghouse?
• How Long Do Clearinghouse Records Remain Visible?

Primary Authorities/Sources

• 49 CFR § 382.701, Drug and Alcohol Clearinghouse
• 49 CFR § 382.703, Driver consent to permit access to information in the Clearinghouse
• 49 CFR § 382.709, Drivers' access to information in the Clearinghouse
• 49 CFR § 382.711, Clearinghouse registration
• 49 CFR § 382.719, Availability and removal of information
• 49 CFR § 40.305, Return to Duty test requirements
• 49 CFR § 40.307, SAP's follow up testing plan
• clearinghouse.fmcsa.dot.gov (FMCSA Clearinghouse official website)

Have a Clearinghouse Violation to Resolve?

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