Drug and Alcohol Clearinghouse Requirements

Compliance Bulletin

Drug and Alcohol Clearinghouse Requirements

February 25, 2025

EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman

Pursuant to 49 C.F.R. § 382.701, FMCSA mandates that all employers follow specific requirements for using the Drug and Alcohol Clearinghouse. The Clearinghouse is a secure, online, searchable electronic database containing all drug and alcohol violations from CDL drivers. The Clearinghouse provides employers, CDL drivers, medical review officers (MRO), substance abuse professionals (SAP), state drive licensing agencies (SDLA), and enforcement authorities real-time information about CDL drivers’ drug and alcohol program violations. The Clearinghouse contains various records, including positive drug or alcohol test results, test refusals, completion of return-to-duty (RTD) processes, and follow-up testing plans. CDL driver, employer, MROs, SAPs, and SDLAs must all register to use the database.

Energy marketers as employers are required to perform annual queries for current employees and pre-employment queries for new employees. Note that the Clearinghouse mandate does not change any existing substantive regulation related to drug and alcohol testing beyond the use of the online database for queries.

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