The FMCSA Drug & Alcohol Clearinghouse only protects employers if they use it correctly. Every FMCSA-regulated employer must query the Clearinghouse before hiring a CDL driver and at least once a year for each driver it employs. The two situations use different query types, need different kinds of driver consent, and have different follow-up requirements.
Full query vs. limited query at a glance
- Full query: shows the details of any drug and alcohol violations and return-to-duty status in the driver's Clearinghouse record. It requires the driver's specific electronic consent in the Clearinghouse for each full query. It is required before hiring.
- Limited query: shows only whether the driver's record contains information. It does not show details. It requires the driver's general written consent, which can cover more than one year. It can be used for the annual query.
Both types are set out in 49 CFR 382.701 and 382.703.
Pre-employment: a full query is required
Before a new driver performs safety-sensitive functions, the employer must run a full query. The driver must log in to their own Clearinghouse account and give electronic consent to that specific employer. If the full query shows the driver is prohibited, for example because of an unresolved positive test or refusal, the employer cannot use the driver in safety-sensitive functions until they complete the return-to-duty process.
The full query is one of two gates before a new driver starts. The other is a verified negative pre-employment drug test. See Pre-Employment DOT Drug Testing: When Can a CDL Driver Start Work?
Annual: at least one query per driver per year
Employers must query the Clearinghouse at least once a year for each driver they employ. Most employers use a limited query for this, because it only needs the driver's general written consent, which the employer can collect once for multiple years.
What happens if a limited query returns a record
A limited query does not tell you what the record is. If it shows that information exists, the employer must run a full query within 24 hours, which means getting the driver's electronic consent in the Clearinghouse. If the full query is not completed within 24 hours, the driver must be removed from safety-sensitive functions until it is completed and the result allows them to drive.
Tip: make sure your drivers have registered in the Clearinghouse and know how to log in before you ever need a full query, so a limited query hit does not keep a driver off the road longer than necessary.
Query plans and who can run queries
Queries require a query plan, which is purchased by the registered employer in the Clearinghouse. A C/TPA can run queries on the employer's behalf once the employer designates them, but the employer's query plan is used. FMCSA's Clearinghouse FAQs explain how plans are purchased.
Owner-operators must designate a C/TPA in the Clearinghouse. See DOT Consortium & Random Pool Requirements for Owner-Operators.
Recordkeeping for queries and consent
- Keep records of each query for 3 years. FMCSA considers the employer's Clearinghouse registration to meet this for queries run in the Clearinghouse.
- Keep the driver's general written consent for limited queries for 3 years from the date of the last query conducted under that consent.
Reporting to the Clearinghouse
Querying is only half of the job. Employers must also report certain information, such as refusals determined by the employer, negative return-to-duty results and completion of follow-up testing. Under 49 CFR 382.705, employers generally must report by the close of the third business day after they obtain the information. MROs report verified positive, adulterated and substituted results within 2 business days.
Frequently Asked Questions
What is the difference between a full and a limited Clearinghouse query?
A full query shows the details of violations and return-to-duty status and requires the driver's electronic consent in the Clearinghouse. A limited query only shows whether information exists and requires general written consent.
Can I use a limited query for pre-employment?
No. A full query is required before a driver performs safety-sensitive functions for you.
What if a driver will not consent to a full query after a limited query hit?
The driver must be removed from safety-sensitive functions. If the full query is not completed within 24 hours of the limited query, the driver cannot perform safety-sensitive functions until it is.
Does the annual query have to be done on the hire anniversary?
No. It must be done at least once a year for each driver. Many employers run all annual queries at the same time each year.
Clearinghouse support from Test Pro LLC
Test Pro LLC has a registered C/TPA profile in the FMCSA Clearinghouse and helps Washington employers and owner-operators with designations, queries and reporting, along with DOT drug testing and random consortium services. See also Understanding FMCSA Clearinghouse Requirements. Contact Test Pro LLC or book an appointment.