FMCSA Drug and Alcohol Clearinghouse

Who must query the Clearinghouse?

Per 49 CFR 382.701, motor carriers, lessors, and employers of CDL holders performing safety-sensitive functions must query the Clearinghouse: (1) pre-employment full query before hiring; (2) annual limited query for every current CDL employee. Drivers must register and consent to queries through their own Clearinghouse account at clearinghouse.fmcsa.dot.gov.

What violations are reported to the Clearinghouse?

Reportable violations include: positive drug test results, positive alcohol test results (BAC ≥0.04), refusals to test, actual knowledge of drug or alcohol use, and successful return-to-duty completion. Service Agents (consortia, MROs, SAPs) and employers all have reporting obligations. Reporting deadlines are typically 'next business day' for most events.

How long do violations stay in the Clearinghouse?

Per 49 CFR 382.711, violations remain in the Clearinghouse for five years from the date of the violation, or until the driver completes return-to-duty requirements (whichever is later). Successful completion of return-to-duty does not remove the record but allows the driver to perform safety-sensitive functions again.

What happens if an employer skips Clearinghouse queries?

Each missed pre-employment query is a violation. Each missed annual query is a violation. FMCSA sets the maximum for part 382 subpart G violations, which is where the Clearinghouse query duties sit, at paragraph (b) of 49 CFR 386 Appendix B. FileFlo does not publish that figure: it is contested, and a number we cannot stand behind is worse than no number. FMCSA compliance reviews routinely audit Clearinghouse query records and flag missing queries by driver and date.