Drug and Alcohol Clearinghouse requirements
The FMCSA Drug and Alcohol Clearinghouse is a secure database of drug and alcohol program violations under 49 CFR Part 382. Employers must query it before hiring a driver for a safety-sensitive function and at least once every 12 months afterward. Drivers must register with the Clearinghouse to give consent; without consent, the employer cannot complete the query and the driver cannot perform safety-sensitive functions.
Violations and queries
Reportable violations include a positive drug test, an alcohol test of 0.04 or higher, a refusal to test, an adulterated or substituted specimen, and certain actual-knowledge violations. A pre-employment query is a full query and requires the driver’s electronic consent in the Clearinghouse. An annual query is a limited query; the driver’s written consent can cover it for up to 12 months. If a limited query reveals a violation, the employer must conduct a full query before allowing driving. Kansas links Clearinghouse prohibited status to CDL status, so a driver in prohibited status cannot operate a CMV.
Return-to-duty
A driver with a unresolved violation must complete the return-to-duty process: evaluation by a Substance Abuse Professional, education or treatment, a negative return-to-duty test, and follow-up testing. The employer must not allow safety-sensitive driving until the Clearinghouse shows the process is complete.
Worked example: An employer wants to hire a driver. The employer cannot run the pre-employment full query until the driver registers and consents electronically. If the query shows a positive test with no return-to-duty completion, the employer cannot put the driver on the road. The driver must complete the SAP process and a negative return-to-duty test before the status clears.
Traps: relying on a limited query for pre-employment; assuming consent lasts forever; skipping the annual query; and allowing a driver to work while a violation is still unresolved.