Are you Ready for FMCSA Drug & Alcohol Clearinghouse Enforcement?

FCMSA Clearinghouse Enforcement

The FMCSA Drug & Alcohol Clearinghouse is sending warning letters to commercial drivers. Learn the facts to protect your organization’s operations and ensure your drivers do not lose their CDL privileges.

Author: Joseph Christian

September 12, 2024

What Is Going On?

It has been reported that the FMCSA Drug & Alcohol Clearinghouse is sending warning letters to commercial drivers (with violations) and the organizations that employ them. The one-time warning letters inform the commercial drivers that their Commercial Driver License (CDL) will be downgraded unless they successfully complete the return-to-duty (RTD) process with a qualified substance abuse professional (SAP) before the date listed in the letter.

What violations are causing the prohibited status
According to the letter, the prohibited status in the clearinghouse is because of one or more of the following violations:

  • A refusal to test, including providing a specimen verified as adulterated or substituted.

  • A verified positive result

  • Controlled substance use

  • Alcohol use that violates 49 C. F. R. Part 382, subpart B

  • A violation based on an employer’s actual knowledge of prohibited alcohol or controlled substances use as defined in § 382.107.

What can a driver do to avoid losing their CDL?

The letter clearly outlines that the driver must complete the return-to-duty (RTD) process with a qualified substance abuse professional (SAP), as found in 49 C. F. R. Part 40, subpart O. Then their prohibited status will be lifted and their CDL privileges restored.

What an Organization Should Do to Ensure Drivers Don’t Lose Their CDLs

#1: Remember to do your annual FMCSA Query Immediately.
Don’t wait till the end of the year to complete the query; do it now to know if the drivers on your roster have violations to address. Identifying them now will help ensure the RTD process is completed before violations result in a downgraded CDL.

#2: Contact your industry partners with commercial drivers and let them know about this situation.
If your partners have commercial drivers who are important to the logistics or operations of your organization, contact them to ensure their drivers are not affected by the recent clearinghouse enforcement.

#3: Use the clearinghouse to run queries on all new drivers.
Every time you hire a new driver, do a query during the pre-employment process to ensure they are ready to work. Don’t wait till later or group it with your annual query; the sooner you know, the quicker you can resolve potential issues.

Learn More About the Annual FMCSA Query

ASAPcheck by Tang+Company has an informative blog that explains everything you need to know about the annual FMCSA query.

Read our blog to learn:

  • Reasons for the query

  • The difference between a full and limited query

  • How to run a query

Need Help?

ASAPcheck is a trusted, nationwide TPA that can help you:

  • Understand and react to the recent clearinghouse warning letters

  • An employer can designate a consortium/third-party administrator (C/TPA) like ASAPcheck in the Clearinghouse to conduct queries on their behalf.

To talk with an ASAPcheck expert today, please contact, sales@asapcheck.com.