DOT Clearinghouse
Violations
HOW DOES A DRIVER GET A FMCSA CLEARINGHOUSE
VIOLATION AND WHAT DOES IT MEAN TO THEIR
DRIVING STATUS?
A driver can receive an FMCSA Clearinghouse violation if they fail a drug or alcohol test, refuse to submit to a test, or are found to be operating a commercial motor vehicle (CMV) while under the influence of drugs or alcohol. If the violation is reported to the Clearinghouse by the Medical Review Officer (MRO) or an employer, it will be visible on the driver’s Clearinghouse record.
WHAT ARE THE CONSEQUENCES OF RECEIVING A FMCSA
CLEARINGHOUSE VIOLATION FOR A CDL DRIVER?
Receiving a Clearinghouse violation can have significant consequences for a driver’s driving status. Specifically, it means that the driver is prohibited from operating a CMV until they have completed the required return-to-duty process and undergone a follow-up evaluation with a qualified Substance Abuse Professional (SAP). The return-to-duty process typically includes a comprehensive substance abuse evaluation, participation in a treatment program, and passing a return-to-duty drug and/or alcohol test.
Once the driver successfully completes the return-to-duty process and undergoes a follow-up evaluation with the SAP, the employer or the C/TPA who manages the program on behalf of the owner operator or employer, must report the successful completion to the Clearinghouse. If the Clearinghouse confirms that the violation has been cleared, the driver’s driving status will be restored, and they will be allowed to operate a CMV again.
It’s important for drivers to understand the consequences of receiving a Clearinghouse violation and take the necessary steps to complete the required return-to-duty process as quickly and efficiently as possible. Failure to comply with FMCSA regulations can result in fines, loss of driving privileges, and even criminal charges in some cases.
HOW TO REPORT A VIOLATION (EMPLOYERS) -
CLEARINGHOUSE:
To report a drug and alcohol program violation for a CDL driver to the Clearinghouse, employers must log in to their Clearinghouse account and select the “Report Violations” option. The employer must provide information about the driver and the violation, including the type of violation, date of violation, and whether the driver has completed the required return-to-duty process.
The employer must also provide information about the substance abuse professional (SAP) and the return-to-duty process, including the SAP’s name and contact information, the date of the initial assessment, and the date of the follow-up evaluation.
Once the violation is reported, it will be visible in the driver’s Clearinghouse record, and the driver will be prohibited from operating a CMV until they have completed the required return-to-duty process.
HOW DO I CLEAR A VIOLATION ON CLEARINGHOUSE?
To clear a violation on Clearinghouse, the driver must complete the required return-to-duty process and undergo a follow-up evaluation with a qualified SAP.
Once the SAP determines that the driver has successfully completed the return-to-duty process and is fit to operate a CMV, they will provide the employer with a “SAP Return-to-Duty Report.” The employer must report the successful completion of the return-to-duty process to the Clearinghouse by selecting the “Report Clearinghouse Results” option in their Clearinghouse account and providing the required information.
Once the report is submitted, the violation will be marked as “resolved” in the driver’s Clearinghouse record.
WHAT IS THE PROCESS FOR THE DRUG TESTING LABORATORY WHEN A CDL DRIVER COMES UP DIRTY
ON A DOT URINE SCREEN?
The laboratory will conduct an initial test on the driver’s urine sample using an immunoassay test.
If the initial test result is positive, the laboratory will conduct a confirmation test using gas chromatography/mass spectrometry (GC/MS) or liquid chromatography/tandem mass spectrometry (LC/MS/MS) to confirm the presence of the drug in the sample.
The laboratory will review the test results to ensure that they meet the minimum cutoff levels established by the Department of Health and Human Services (HHS).
If the test results meet the minimum cutoff levels, the laboratory will report the positive result to the Medical Review Officer (MRO).
The MRO will contact the driver to verify the test result and determine whether there is a legitimate medical explanation for the positive result.
If the MRO determines that there is no legitimate medical explanation for the positive result, they will report the positive result to the employer and the driver will be prohibited from operating a CMV until they have completed the required return-to-duty process and undergone a follow-up evaluation with a qualified Substance Abuse Professional (SAP).
If the driver successfully completes the return-to-duty process and the follow-up evaluation with the SAP, the employer must report the successful completion to the FMCSA Clearinghouse, and the driver’s driving status will be restored.
HOW LONG DOES MRO HAVE
TO REPORT TO CLEARINGHOUSE?
The Medical Review Officer (MRO) must report verified positive drug test results and test refusals to the Clearinghouse within two business days of verifying the result or refusal.How do I remove a violation from FMCSA?
Employers cannot remove a violation from FMCSA. Once a violation is reported to the Clearinghouse, it will remain on the driver’s record until it is resolved through the required return-to-duty process and follow-up evaluation with a qualified SAP. What if the driver is prohibited on Clearinghouse?
If a driver is prohibited from operating a CMV due to a violation reported on the Clearinghouse, the employer may not allow the driver to perform safety-sensitive functions until they have completed the required return-to-duty process and undergone a follow-up evaluation with a qualified SAP.
If the driver operates a CMV while prohibited, both the driver and the employer may be subject to fines and other penalties. It’s important for employers to regularly conduct Clearinghouse queries on their drivers to ensure compliance with FMCSA regulations and maintain the safety of their fleet.