FMCSA Clearinghouse Employer Requirements: A Guide for Employers (2025)

FMCSA-regulated employers must comply with Drug and Alcohol Clearinghouse regulations when hiring and employing CDL drivers.

Failing to do so can expose your company to significant penalties and potential legal liability.

This guide explains what you need to know about your FMCSA Drug & Alcohol Clearinghouse and other requirements as a DOT-regulated employer hiring CDL drivers.

Understanding Employer Requirements for the FMCSA Drug & Alcohol Clearinghouse

As a DOT-regulated employer, you must understand your legal requirements for the FMCSA Drug & Alcohol Clearinghouse:

Registration on the FMCSA Clearinghouse

Regulated employers must register on the FMCSA Drug & Alcohol Clearinghouse for legal compliance under 49 CFR part 382, § 382.711.

Only the Clearinghouse Administrator at your company can register unless your company’s administrator sends you an invitation to register.

You’ll enter your company’s name and address and indicate whether you’re an owner-operator.

You’ll need to agree to the terms and conditions.

If your company has a USDOT number, you should also have been assigned an FMCSA Portal account.

You can register your company within your account by entering your USDOT number and selecting the appropriate role.

Pre-Employment Queries

Under 49 CFR Part 382, § 382.701(a)(1)-(2), employers must conduct pre-employment queries of the FMCSA Clearinghouse before they hire CDL drivers.

This is a full query that requires the applicant’s specific consent.

A full query shows details about the applicant’s drug and alcohol violations, including whether they have any of the following reported in the Clearinghouse:

• Verified positive, adulterated, or substituted drug test
• Confirmed alcohol test of 0.04% or higher
• Refusal to submit to an alcohol or drug test
• An employer’s reported actual knowledge of the individual’s use of alcohol on the job
• An employer’s reported actual knowledge of the individual’s use of alcohol before reporting to duty
• An employer’s reported actual knowledge of the individual’s use of a controlled substance
• An employer’s reported actual knowledge of the individual’s use of alcohol or drugs following post-accident testing

By contrast, a limited query of the Clearinghouse only shows whether a driver has a record in the Clearinghouse of a drug or alcohol violation but doesn’t show details.

Limited queries are searches employers must perform annually on all of their employees in safety-sensitive roles, but they aren’t used to satisfy the pre-employment query requirement.

An employer must obtain the applicant’s or employee’s specific consent each time they perform a full query.

For a limited query, a general, limited consent can be used that can be good for several years.

The specific consent used for a full query must be electronic and submitted within the Clearinghouse, while general consent for limited queries can be in writing or submitted electronically.

Annual Queries for Current Drivers

Under 49 CFR Part 382, § 382.701(b)(1)-(3), employers must conduct limited queries of all CDL drivers at least annually.

The annual limited query only requires the employee’s general consent, which can be in writing or provided electronically.

A single general consent form can be used for limited queries conducted over several years, and the employer might have a new employee sign the general consent form as a part of the onboarding process.

If the employer discovers there is information about a driver in the FMCSA Drug & Alcohol Clearinghouse through a limited query, they must then secure the employee’s specific consent to perform a full search of the Clearinghouse.

When a driver refuses to give consent for the full search, or there is a delay in obtaining their specific consent of 24 hours or more following the limited search, the employer must remove them from all safety-sensitive duties until specific consent is obtained.

Under § 382.701(d) and 49 CFR Part 382, § 382.703(c), an employer can’t allow any driver to continue in their safety-sensitive role if they have a violation reported in the Drug & Alcohol Clearinghouse until the employee completes an evaluation with an approved Substance Abuse Professional (SAP) and all education and treatment the SAP recommends, is cleared for the return-to-duty process and submits a negative RTD test.

Reporting Violations and Refusals

Both employers and Medical Review Officers (MROs) have reporting requirements under 49 CFR Part 382, § 382.705.

MRO Reporting Requirements

MROs must report the following information to the Clearinghouse within two business days of a verified:

• Positive drug test
• Adulterated drug test
• Substituted drug test
• Refusal

For each of these reports, the MRO must provide the following information:

• Reason for the test
• Driver’s name, date of birth, CDL number, and issuance state
• Specimen identification number from the Federal Drug Testing and Control Form
• Employer’s name, address, and USDOT number
• Test date
• Verification date
• Test result (positive, adulterated, substituted, or refusal)

Employer Reporting Requirements

Employers must report the following information to the Clearinghouse within three business days:

• Confirmed alcohol test of 0.04% or higher
• Refusal to submit to an alcohol test
• Negative return-to-duty test
• Refusal to test
• Successful completion of all follow-up testing requirements under the Substance Abuse Professional (SAP) program
• Employer’s actual knowledge of the driver’s on-duty alcohol use
• Employer’s actual knowledge of the driver’s pre-duty alcohol use
• Employer’s actual knowledge of the driver’s alcohol use following an accident
• Employer’s actual knowledge of the driver’s controlled substance use

Employers must provide the following information for each of the above-listed reports:

• Reason for the test (other than actual knowledge reports)
• Driver’s name, date of birth, CDL number, and CDL issuance state
• Employer’s name, address, and USDOT number
• Test date
• Date the result was reported
• Test result (negative for an RTD test, positive, or refusal)

Employer Documentation Requirements

For each violation, employers must also report the following documentation:

• Email or other documentation that the driver was notified to report for testing
• Time, date, and location the employee was to respond
• Affidavit that the employee was directed to respond
• Documentation that the employee resigned or was terminated with the date (if applicable)
• Email or correspondence showing that the person reporting the violation was authorized as the employer’s service agent
• Certificate of service showing the employer provided the driver with a copy of all of the documentation

Recordkeeping and Compliance Deadlines

Employers must retain query records and reports of information received from querying the FMCSA Drug and Alcohol Clearinghouse for at least three years under § 382.701(e).

Consequences of Non-Compliance

Failing to comply with the FMCSA Drug and Alcohol Clearinghouse regulations under 49 CFR Part 382 can result in significant penalties and fines under 49 U.S.C. 521(b)(2)(C).

Employers, MROs, and employees can receive a fine of $2,500 per violation, and the employer’s operating authority and safety rating can be negatively impacted.

Employers with numerous violations could have their operating authority suspended or revoked.

Failing to comply can also expose an employer to legal liability.

If the employer fails to report violations or continues to allow a driver with drug and alcohol violations to drive without going through the SAP process, they can face risks of negligent hiring liability if the driver causes an accident and injures someone.

Driver Safety Performance History Investigation Requirement

Regulated employers must verify CDL drivers‘ three-year safety performance history in all states where they held licenses.

A driver’s safety performance history includes any violations reported in the Drug and Alcohol Clearinghouse as well as any reported accidents.

Before 2023, employers were required to query each former employer from the previous three years about a driver’s drug and alcohol violations and any accidents.

Now, they must query the FMCSA Drug and Alcohol Clearinghouse about drug and alcohol violations and request information about a driver’s other safety performance information from the previous employers using the Safety Performance History Records Request form.

FMCSA Regulations Governing Safety Performance History

An employer’s obligation to investigate each prospective CDL driver’s safety performance history is found in 49 CFR Part 391, § 391.23.

Under § 391.23(a)(1), employers must also complete a motor vehicle records check with the Department of Motor Vehicles in each state in which the driver held a CDL within the last three years within 30 days of the driver’s start date.

Per § 391.23(a)(2), the employer must also investigate the driver’s safety performance history with each DOT-regulated employer the driver worked for during the past three years.

DOT-regulated employers must respond to an employer’s request for safety performance history information about a driver within 30 days under § 391.23(g)(1).

What Employers Must Verify in SPH Checks

Under § 391.23(d)-(e), employers must verify all of the following when investigating a driver’s safety performance history:

• Driver’s identification
• Employment verification
• HAZMAT accident information, including date, location, driver’s name, number of injuries/fatalities, and whether hazardous materials were released
• Other accidents
• Other safety performance incidents
• Drug and alcohol violations (from Alcohol and Drug Clearinghouse)
• Completion of the Return to Duty (RTD) process
• Follow-up testing plan from the previous employer, if applicable

Driver Consent Requirement

Under § 391.23(f)(1), employers must obtain the driver’s written consent before investigating their safety performance history.

If the driver refuses to consent to the SPH request, the employer can’t employ them as a CDL driver.

Documentation of SPH Requests

Employers must document all attempts they make to investigate their new hires’ safety employment history and retain copies to produce for inspection under § 391.23(c).

They must place the SPH reports in the driver’s investigation file.

If they’ve made good faith efforts to obtain SPH information from a previous employer but haven’t received a response, they must report the non-responsive employer to the FMCSA.

If a driver doesn’t have a previous employment history with a DOT-regulated employer, the new employer must document that an SPH investigation wasn’t possible and retain this documentation in the driver’s investigation file.

Best Practices for Employers

1. Develop a Thorough Policy

Create a comprehensive policy that includes information about FMCSA Drug and Alcohol Clearinghouse inquiries and safety performance history checks with specific information about the steps HR staff must follow to maintain legal compliance.

Include information about when general consent and limited inquiries should be performed vs. when you need specific consent for full queries.

2. Train HR Staff on Requirements

Train all staff who are involved in the hiring process on how to query the Clearinghouse and the types of consent they must obtain before doing so.

Your training should address when HR staff should require specific consent for full queries based on the results of a limited query showing information about a driver exists in the Clearinghouse and pre-employment full queries.

3. Comply with Notice and Consent Requirements

Obtain your applicant’s specific consent to conduct a full query of the FMCSA Clearinghouse before hiring them.

This consent must be submitted electronically within the Clearinghouse.

For a limited query, you must obtain your driver’s general consent. This can be a written or electronic consent and can be used for multiple years.

Before conducting a safety performance history records request, you must also expressly notify your applicant that they have the right to review any information provided by a previous employer, correct erroneous information, or attach a rebuttal when they disagree with the information provided.

You must also obtain your driver’s written consent to complete the safety performance history check before initiating it.

4. Work with an Experienced Provider

As a DOT-regulated employer, you must meet multiple requirements when hiring CDL drivers, including completing a DOT background check, DOT physical, DOT drug test, Drug and Alcohol Clearinghouse check, and safety performance history check.

You’ll also have to complete return-to-duty and post-accident drug tests when required.

To efficiently manage these requirements and ensure the information you receive is accurate, comprehensive, and legally compliant, it’s best to work with an experienced provider like iprospectcheck.

We stay up to date with all legal and regulatory changes as they occur and can help your company maintain compliance.

Because of our advanced research methodologies and technology, we provide compliant reports quickly to our clients.

5. Handle Non-Compliant Drivers Appropriately

If an applicant refuses to provide specific consent for a full query of the FMCSA Clearinghouse, you can’t employ them.

If a current employee refuses to provide consent, you must immediately remove them from their safety-sensitive role.

Document the driver’s refusal to consent and retain records of it in the driver’s file.

If you discover a driver has an unresolved drug or alcohol violation, provide them with a list of approved SAPs and refer them to complete the SAP process.

You can’t return a driver to safety-sensitive duties until and unless they complete the SAP evaluation and any treatment or education recommended.

6. Comply with Documentation and Record Retention Requirements

Keep copies of all queries, consents, and employer inquiries for at least three years.

If you’re registered in the FMCSA Clearinghouse, the electronic copies contained within it satisfy your Clearinghouse documentation and retention requirements.

Keep records of all inquiries made to your drivers’ former employers for safety performance history checks and copies of all reports you receive, including any rebuttals your applicants have made to the information in those reports.

iprospectcheck: Your Trusted Partner for Safety Performance History and DOT Background Checks

As a DOT-regulated employer, you must comply with multiple laws and regulations when hiring CDL drivers.

In addition to FMCSA Drug & Alcohol Clearinghouse checks, you must also complete DOT background checks, DOT drug tests, DOT physicals, and DOT safety performance history records checks to maintain compliance.

At iprospectcheck, we provide comprehensive DOT background and safety performance history records checks as well as compliant DOT drug tests for clients across the U.S.

Call us today to learn more about our background checks and clinical services and receive a free quote: (888) 509-1979.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.