Guidance for eComply clients

Brian J Riker | February 3, 2020 | Blog
On January 6, 2020 the FMCSA launched a new drug and alcohol test result database in an effort to reduce driver fraud when applying for safety sensitive positions with motor carriers. Although the database had a rocky start it is functional and use is now mandatory.
If your company employs one or more CDL driver that operates, or is expected to operate, a vehicle requiring a CDL -even on a part-time or temporary basis- you must register for a clearinghouse account. Motor carriers are required to query the clearinghouse records for all prospective new hires and current CDL drivers before allowing them to operate a CDL required vehicle and then once annually while currently employed as a CDL driver. Additionally, motor carriers are required to report, or cause their consortium to report, all positive, refusal to test and return to duty process information to the clearinghouse immediately upon notification of such information.
CDL drivers are required to register for a clearinghouse account before applying for a new job so that they may give electronic consent for a query. CDL drivers may also be required to register to give electronic consent if their record contains any positive results that may be discovered during the annual review. If the CDL driver does not give this consent they must be removed from safety sensitive functions (driving) until they do and a clear drug and alcohol testing query is returned.
The motor carrier’s clearinghouse account is required to be linked to their FMCSA Portal account, although currently there are some technical issues with linking the two accounts. Once corrected motor carriers will be required to link the accounts. Click here for more information
eComply will help our clients with technical guidance during this registration process, however we are not authorized third party administrators, meaning your Chief Compliance Officer or their Designee will be responsible for creating and maintaining FMCSA Portal and Clearinghouse registration, reporting and query obligations.
Register for a FMCSA Portal account.

addition to the clearinghouse query responsibilities, employers of CDL required drivers must still make investigative inquiries to all employers in the past three years where an applicant has been employed in a safety sensitive function subject to US DOT drug or alcohol testing requirements until January 6, 2023. This is to allow for sufficient data to be recorded in the clearinghouse.