On November 18, 2024, the Federal Motor Carrier Safety Administration’s Clearinghouse II regulation went into effect. Under that rule, commercial vehicle drivers in the “Prohibited” status of FMCSA’s Drug & Alcohol Clearinghouse due to past drug and alcohol violations had their commercial driver’s license (CDL) or commercial learner’s permit (CLP) downgraded by their state’s driver license agency. Simply put, those drivers could no longer legally operate a truck until they completed the federal return-to-duty (RTD) process.
Under the RTD process, a driver selects a DOT-Qualified Substance Abuse Professional (SAP) from a list provided by the employer, registers with the Clearinghouse, and designates the SAP. The SAP interviews the driver and recommends an education or treatment program. Once that program is successfully completed, the driver submits to a return-to-duty drug and alcohol test administered by the employer or a consortium/third party administrator (C/TPA). If the test result is negative – no drugs or alcohol – the driver’s status in the Clearinghouse database is upgraded to “Not Prohibited” and the driver is legally eligible to resume driving a truck.
But that is not the final RTD step. The employer or C/TPA must administer the follow-up testing program recommended by the driver’s SAP. That follow-up program must include a minimum of six unannounced drug and alcohol tests over the next 12 months. The driver’s violation will remain open in the Clearinghouse until the follow-up program is completed. Learn more about the RTD process at https://clearinghouse.fmcsa.dot.gov/Learn.
Who can see Clearinghouse records? FMCSA, state driver licensing agencies and medical review officers (MROs) have Clearinghouse access. Drivers can view their own records and SAPs can see the records of drivers who have chosen them. Employers not only can see the Clearinghouse records of their drivers, but employers are required to review those records during pre-employment and at least once annually thereafter. Of course, employers are alerted to drivers enrolling in the RTD process.
With the Clearinghouse II downgrades happening, now is a very good time for motor carriers to check up on all their drivers. After all, the other party with access to Clearinghouse records is law enforcement. Go to https://clearinghouse.fmcsa.dot.gov/.