The FMCSA Drug & Alcohol Clearinghouse is the national database of CDL drivers' drug and alcohol program violations. Employers have to query it before hiring a CDL driver and at least once a year after that (49 CFR 382.701).
Full query: before hire
- Required before a CDL driver performs any safety-sensitive function for you.
- Shows the details of any violations in the Clearinghouse.
- The driver has to register in the Clearinghouse and give electronic consent there. Paper consent doesn't work for a full query.
Since January 2023, the pre-employment full query satisfies the drug and alcohol part of the previous-employer check. The Clearinghouse holds violations going back the required 3 years.
Limited query: every year
- Required at least once every 12 months for every CDL driver you employ.
- Only shows whether a record exists, not the details.
- Needs a general consent from the driver, which can be on paper. One consent can cover multiple years.
If a limited query shows a record
You have 24 hours to run a full query, which requires the driver's electronic consent. If you don't run it, or the driver won't consent, the driver has to be removed from safety-sensitive work until the full query is done.
Drivers in "prohibited" status
Since November 2024, state licensing agencies have to downgrade the CDL of any driver in prohibited status in the Clearinghouse. They can't legally drive a CMV until they complete the return-to-duty process.
Owner-operators
An owner-operator with no other drivers must designate a consortium/third-party administrator (C/TPA) in the Clearinghouse to report violations on their behalf. They still need queries run on themselves.
Records to keep
Keep query records and driver consents for 3 years. Set a calendar reminder for every driver's annual limited query. A missed annual query is easy to fix and easy to forget.