Understanding FMCSA Clearinghouse Regulations

Posted by Johanna Penafiel on Dec 26, 2019 3:44:11 PM


“The FMCSA Clearinghouse is a centralized database that employers will use to report drug and alcohol program violations and to check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process. This query must be conducted as part of a pre-employment driver investigation, and at least annually for current employees.” – FMCSA Clearinghouse.

DOT regulations mandates the use of the Clearinghouse to go into effect January 6th, 2020. Employers, independent drivers/owner-operators, and Medical Review Officers will be required to report all positive DOT tests for drugs and/or alcohol, including refusals to comply with drug and alcohol testing. Employers and drivers will need to fill out authorization forms and

/or Chain of Custody Forms with the drivers CDL number instead of their SSN.

Registering as soon as possible is the first step in ensuring you will be ready when the Clearinghouse is operational on January 6, 2020. Companies will need to register and have a payment plan in the Clearinghouse prior to January 6th, 2020.

Per the FMCSA: “Employers must purchase a query plan to ensure they and their designated C/TPAs can conduct queries. C/TPAs cannot purchase queries on behalf of employers.”

O.M. Management will be removing the burden from our managed clients by incorporating the Clearinghouse requirements into all FMCSA contracted services. At no additional cost, O.M. Management will handle all permissible TPA actions of the Clearing House on behalf of our FMCSA managed clients and independent drivers that are enrolled in our consortium.

OM Management will:

  • Enter into the FMCSA Clearinghouse all of the required information for drivers testing positive for drugs and/or alcohol and of those who refuse to comply with DOT drug and alcohol testing requirements.
  • Conduct queries (limited and/or full), on an annual basis, for every CDL driver currently employed by the company.
  • Assist companies with pre-employment queries. Companies will still need manually run the 3 year drug and alcohol testing check through January 6th, 2023. After January 6th, 2023 the FMCSA has indicated companies will no longer be required to run the manual checks and will only have to run the Clearinghouse Inquiry.
  • Provide assistance and education to ensure compliance.

For questions or assistance with the Clearinghouse, please contact us and we will guide you through the process including registration, regulations, designation of a TPA, requirements, applicability, and payment options.

If you are a non-managed FMCSA client, we encourage you to contact us to learn more about our fully managed Drug and Alcohol Testing program.

In addition to complying with new Clearinghouse rules, our program offers several other services related to compliance and managing a company’s required DOT Drug and alcohol testing program.

If you are interested in finding out more information, please fill out the form below or contact us at 305-888-4050. We will be happy to discuss the services we provide.

Note: Working with a C/TPA to manage a drug and alcohol testing program is a requirement of all owner-operators (employers who employ themselves as CDL drivers).

OM Management’s Drug and Alcohol testing consortium is the perfect solution to keep owner operators in compliance.

FMCSA Clearinghouse

 

DOT Compliance 

Compliance starts with education, great communication, and a TPA with excellent service.

The O.M. Management team is dedicated to provide education and excellent service that keeps your company safe, informed, and compliant with 49 CFR Part 40 DOT Drug & Alcohol regulations.  We provide nationwide full management services including full audit assistance and  all required documentation and training material. With over 25 years of experience, continuing education, 20k collection sites, in-house MRO's readily available there's not much we cant assist with. 

Remember:

  • One party billing
  • Nationwide service 
  • Full management
  • One on one educational training for each DER
  • We never over test 

Contact us with any questions, or for a quote.

Subscribe Here and receive the latest post directly to your inbox!

Recent Posts

Posts by Tag