Let’s get this out of the way up front: I am a staunch advocate for road safety.
I believe that no policy or regulation aimed at protecting drivers should be exempt from scrutiny or debate. An unexamined rule isn’t worth enforcing.
When you combine that with my commitment to transparency and public accountability, it’s clear why I’m a vocal proponent of the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse. It’s a critical tool for enhancing road safety and maintaining the integrity of our transportation system.
This system is not without its critics.
Some argue that the Clearinghouse could unfairly penalize drivers for past mistakes or lead to privacy concerns.
Moreover, while it provides a path to rehabilitation, the barriers to re-enter and the difficulty involved in finding a company willing to take the risk of rehiring a driver with that documented history causes many drivers to leave the industry. This exacerbates the driver shortage.
But let’s be real: The primary goal here is safety. We’re talking about preventing potentially catastrophic accidents caused by impaired driving. The benefits of such a system outweigh the drawbacks.
With all that said, I’d like to provide a bit of a crash course on the FMCSA’s Drug and Alcohol Clearinghouse and what new changes will take effect on Nov. 18, 2024.
The First Clearinghouse Rule: Establishing the Database
The first Clearinghouse rule, which came into effect in January 2020, laid the groundwork for the entire system.
This rule mandated the creation of the Drug and Alcohol Clearinghouse, a centralized database designed to track drug and alcohol violations among commercial driver’s license (CDL) holders.
Before this rule, there was no single source of information for employers, state agencies or law enforcement to verify a driver’s compliance with drug and alcohol regulations. This lack of centralized data made it easier for drivers with violations to move between employers undetected, potentially endangering everyone on the road.
Here’s how the first rule changed the game:
- Real-Time Data Access: Employers must check the Clearinghouse database before hiring a new driver and annually for current drivers. This ensures that any past violations are flagged and addressed.
- Mandatory Reporting: Employers, medical review officers, substance abuse professionals and other relevant parties are required to report drug and alcohol violations to the Clearinghouse. This includes positive test results, test refusals, and actual knowledge of violations.
- Return-to-Duty Process: Drivers with violations must complete a return-to-duty process and follow-up testing plan before they can resume safety-sensitive functions. This is tracked within the Clearinghouse, ensuring no driver skips steps in their rehabilitation.
The first rule essentially built the infrastructure for a safer, more transparent commercial driving industry. It closed significant gaps in the system, ensuring that all stakeholders have the information they need to make informed decisions about driver safety and compliance.
The Second Clearinghouse Rule: Expanding Scope and Enhancing Safety
The second Clearinghouse rule, proposed in 2021, is set to take effect Nov. 18, 2024.
While the first rule focused on establishing the database and mandatory reporting, the second rule seeks to broaden who has access to this critical information and under what circumstances.
Here’s what the second rule introduces:
- State Driver Licensing Agencies (SDLAs) Access: Under this rule, SDLAs are required to query the Clearinghouse before issuing, renewing, upgrading or transferring a CDL. This ensures that no driver with outstanding drug or alcohol violations can obtain or renew their CDL without first resolving those issues.
- Annual Queries for SDLAs: In addition to pre-issuance checks, SDLAs must perform annual queries on all CDL holders licensed in their state. This regular check helps maintain ongoing compliance and catches any new violations promptly.
- Enhanced Employer Notifications: Employers can now receive real-time electronic notifications when there is an update to a driver’s Clearinghouse record. This immediate feedback loop allows for faster action and response to any new violations.
The second rule is about fortifying the safety net established by the first rule.
By expanding access to the Clearinghouse and ensuring continuous monitoring, the FMCSA is making sure that drivers with unresolved violations do not slip through the cracks at any point in their careers.
So, what does this mean for employers?
The second rule mostly adds standards for the states but leaves the legislation and processes they enact to meet these standards up to them.
Ideally, this means rather than adding work for employers it will save them time. Employers should see from running the Motor Vehicle Record (MVR) whether a driver has a downgraded license due to a “prohibited” Clearinghouse status — and thus cannot be employed.
Since this rule has been in the works for three years, let’s cross our fingers that the states are already prepared to implement this change
However, given how long it’s taken some jurisdictions to implement Real ID, let’s not count on immediate time savings immediately come November.
Brad Klepper is a regular contributor to The Trucker, providing valuable information for drivers and motor carriers. He is also president of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation’s commercial drivers. Brad is also president of Driver’s Legal Plan, which allows member drivers access to his firm’s services at discounted rates. For more information, contact him at (800) 333-DRIVE (3748) or interstatetrucker.com and driverslegalplan.com.
I am pro road safety also but this punishes driver who were not doing drugs.
Example::
My husband got caught in this crazy issue. Our grandson requires CBD oil to stop seizures. During a home time my husband used the same spoon for coffee stirring that is used for the oil.
We never ever would have thought that trace amounts of THC would show up in his random, but it did. Now we lost his income to an unfortunate situation.
I wanted him to hurry and do a hair folical test to show he is Not using drugs but the testing place told him it would not help so he did not get one.
We paid money, we did not have, after being told he HAD to go through the SAP program.
What a waste… Everyone should be INFORMED the SAP program does NOT help get a job. IT TAKES YOUR MONEY!!
Post the statistics on how many are able to return to duty vs how many waste their family FINANCES going to the program and not able to make it past step 5.
Good people are being harmed trying to keep the bad ones out of trucks.
This new law is not fair. I just got my Cdl permit and no one explained to me if I fail my drug test for school bus I would have to do sap and it will be on my record. I quit smoking weed 2 months ago and a regular test I would’ve passed but DOT test back up to 4-6 months causing me to fail and now I have no money to do sap. So my hard work just went out the window all because I wanted to be involved in my community and drive our kids to school. I cried and cried. It’s not fair to the clp holders who doesn’t know the law. I never even heard of a clearinghouse smh guess I’ll never move out the hood
It’s all about money in America. They want to charge us for everything and build dispensaries by the truck stop. In Canada they don’t test for Marijuana but here in America it’s all about money . I’m beginning to hate this country it only cares about money not people
its one sided. i quit a driving job for a better paying job a mile from my home when i turned in my truck and key i had the door opened was half way out then i was told i was pulled for a random. i ask why being i am not employed here anymore. they told me i refused and reported me. thats why a driver should have to be heard insted of saying s.o.l. your word does not mean squat. there are thousands more out there like me and its time for a class action law suit be brung up against the fscma clearing house. sometime the companies will turn in your name just becuase they dont want to lose a good driver so they will just ruin your career
absolutely agree, all drivers need to come together and ban fmcsa dot and any other organizations associated. Time to revert back to the old days when Americans were actually free and not violated randomly. If one is in an accident with drugs (not THC) or worse alcohol in system holding CDL then they should loose that license for life. Legalize freedom God gave use marijuana time to demand it be freed.
This article is somewhat misleading. There is a return to duty procedure but insurance companies won’t insure and driver who has failed a drug test so you are essentially out of work. One if our drivers was an elderly man late 50’s early 60’s never does drugs or alcohol never has. The truck stops sell a thc product that is an ointment for joint pain. He didn’t even know what THC was. He used the ointment and failed his test. ruined his career stranded him almost a thousand miles from home. even the doctor said the test didn’t look right and asked if he was using an ointment. Thats how he figured out what it was. He paid the $600 for the rtw process and found he couldn’t get hired by any company. works for a farmer part time now on a farm exemption. Ruined his retirement over an ointment.. meanwhile you can go home all weekend and get blind drunk and go back to work monday… so stupid… Hope some day government stops working for lobbyists and returns to working for the ppl.
you know the best part about it is though they need you and they put a exemption on every driver you can drive 55 hours for them no break as long as you get the product there under emergency they don’t give a f*** about safety they never have they let us run illegally overweight over hours doing whatever we want as long as it’s for them and they said it’s okay cuz they sign a piece of paper during covid we could do whatever we wanted because they needed the stuff now all of a sudden you know BS all the way around but whatever the only way we can stop it is we all band together not that coordinated yet truck drivers
also the statistics show that the truck that are in accidents aren’t even drivers that are on drugs cuz they test you automatically so I don’t know what they’re enhancing other than making money yeah that’s all about is turning money in a profit for every industry but the driver and it’s all blocked by people that never drove never been in the industry appointed by somebody that’s never drove or been in the industry that’s all lobbyists and all money makers
the fing government got there nose in everything something they know nothing about as long as they are making a dollar off of a driver they don’t give a flying f… trucking is beginning to be just a job not a career it was so fun in the early 80 and 90’s before the cell phones came out it has went down every since now trucking is just a fing joke it used to be a adventure now it’s just a job everything has went to s..t thanks to the government getting in truckers business it will bite them in the ass one day hide and watch
maybe since the government is all up in truckers business.maybe we should get in there’s and demand a drug test in there little world. I would say all of them would fail a drug test. what’s good for truckers should be good for the government.point blank
yet right next to almost all truck stops there’s a marijuana dispensary,and inside of every single truck stop there is alcohol,to drink to your content,why isn’t that regulated? why not make it hard for drivers to bring and drive, or drive while intoxicated?removal of alcohol at truck stops would put a good dent in it,
you want to make your rules but you hardly ever enforce them, and at the bottom line some beurocrat is gonna make money off this enforcement, I’m totally against drugs and alcohol in trucking, but not one law makes it hard for a trucker to obtain either one. last thing is good luck regulating these outlaw truckers out here, their a dime a dozen and they are proud of the fact they break the laws,it’s almost like their taunting law enforcement
bottom line law breakers will break the law and the rest of us pay the penalty
I think this is so sad. they should spend more time getting better parking for this driver to rest.they alredy control when driver can sleep and how much they should sleep. what driver do on there off time is should not be no one business
Yeah these rules are stupid.!! I’ve never been a druggie. I was taking Delta eight because me and my fiancé were team drivers. It’s kinda hard to sleep in about bunk when you’re driving down the road. I was told Delta eight would not show up in my drug test.. My doctor even approved it. I failed and pretty much lost my job. What’s wrong with this country!! Our governments crooked!!
I find it interesting that this “rule” is going into place just a mere 13 days after the election. I am a CDL holder and I used that Hempvana ointment for pain and failed a drug test now I can’t get a CDL job and don’t have the money for the RTW thing. the FMCSA clearing house is a joke it’s keeping the good drivers out of work as well as the bad ones.
All us drivers should boycott trucking until they cancel. the Clarence house it’s not fair. To us as driver we make the world turn and this is how they do us. It’s all about the money. Stopping people from taking care of their family a job will never hire you after filling a drug test.with this law your drug test supposed to be confidential. Not for everyone to see it’s not fair and it’s wrong. We need to stand together.And fight this law. Until they change it..
I’ve completed the first five steps of the clearing House I’m at the final six step. and I still have issues trying to get a job clearing house they don’t send the copies or they don’t post it on the website for clearing House drug and alcohol so how can anyone get hired on when you’re almost through with your follow-ups. it just doesn’t make any sense just like all of y’all are saying it’s just harder for one to look for a job after you’ve been driving for x amount of 30 years or whatever. I’ve gotten job interviews good pain truck driving interviews but they deny because clearinghouse has not posted anything. I’ve been doing follow-ups for the past year and a half. they treat you like an ex convict
They target truck driver’s and CDL holders because it’s a trillion dollar business. When they set the rules it’s all about money like with the ELD most of them don’t work. The DOT physical they came out with measuring the neck look how much driver’s lost there license and then they threw it out. Most of these law makers don’t know anything about the business. How could the Federal Government put employees back to work who tested positive for weed and HAD weed charges but want to hold commercial driver’s accountable . Truckers need some one who can stand up for us with power if not they already starting to replace us with drive less truck we got to stick together and things like this WILL NOT HAPPEN.
all drivers come together and shut down for one day only thing that will work if we want to be heard!!
Next pandemic because there WILL be one, imagine the power we have by going on strike..they will fix the entire fmcsa and clearinghouse rules to benefit us…not hurt us
Research the clearing house policies and she who wrote them and what administration it came from!!? Also did you know that the entertainment industry is exempt and government employees truck drivers are exempt It’s pathetically ridiculously politically Typical of US policies It’s truly sad and I fought in a Marine Corps for this country and drove truck for 48 years this country is really Ridiculous and I am not too proud of the way my country has became it’s not about safety because truck drivers are a lot more dangerous than they were 30 years ago look at the facts!!!! Driving a semi truck is a job not one where you drive a limousine Think truck designers you make them comfortable like a limousine and drivers will fall asleep especially making them all automatic transmissions you’re taking half the job away from the driver you bunch of idiots I’m sorry drivers but you need to learn how to use a clutch pedal it’ll help you stay awake And you’re MRO’S Do not mostly know how to read a drug test and for fault negatives a lot of drivers are losing their jobs because of this very issue
If you drive for the FTA which is your federal transportation adminisituation you don’t have to worry about it you’re a government employee also the entertainment industry why just party on my friend you don’t have to worry about it imagine that!! Hammer down westbound!!SHAKE SHAKE For you young guys that means you’re going to shaky
All truck drivers need to ban together and go on a STRIKE. The rates are terrible and these rules they’re coming up with is bulls**t. We’re the ones that’s taking a risk to take make sure a load that’s not even paying shit get to where it’s supposed to be. If you don’t stand for something you’ll fall for anything.
Damn right. This is some Grade A BS. It’s all to take what money you have & will not allow you employment period as a driver at all. If you don’t have to use it or can’t use it, how is that a refusal? All of this injustice is for them to break people & stop them from making a living as a driver PERIOD.
STRIKE STRIKE STRIKE STRIKE STRIKE!!!!!
clearinghouse is bs I took a pre employment drug test popped for Cocain never done Cocain bought a urinalysis no drugs found bought with my own money a hair follicle no drugs found an got told dot doesn’t accept hair follicle all this is bs thanks for destroying a marine corps combat veteran career!!!!!!!!
25 yrs of driving one false positive test career down the drain cause of this bs clearing house crap SAP just to have one cost about $1000 than another $1500 for one class and so on you end paying almost $5000 by the time your done and no guarantee that your gonna get hired by another company f**k the fmcsa.
This is simply a set up for someone to make more money off the trucking industry. I am sure it will be an ( Independent) source controlling gathering the data and making the money off this not the government. I am sure this change was created by politicians that will in one form or another make money off this law while screwing hard working American taxpayers. I say f**k the government.
I have read all these complaints. I’ve been a driver 39 years and I’ve watched this industry go down tremendously due to over regulations and governments oversight. we are the only industry that won’t come together for better wages and work conditions even though nothing in this country moves without us. so stop complaining unless we are ready to park these trucks and get what we deserve. better pay , better work conditions and respect. trains have done it, ship yards have done it , what are we waiting for?!
I can relate to the FMCSA being hard on alcohol and drug compliance but what I cannot wrap my head around is the process. I received a refusal for a non failed drug screen. I reported to a testing facility as required.and drank water in the lobby while waiting to test. When the nurse called my name I informed her that I needed a few more minutes because I had recently used the restroom at my home. The testing site is literally 10 minutes from my house. The testing nurse said to me that it would be ok. I tested and was able to give them 1-3/4 full tubs. The nurse needed the second completely full. I’ve given less at Concentra. I went back to have a seat as requested to retest and was instructed to drank more water. I ask for permission to take a personal call outside the facility. I was told that I could take the call. I went there with the intention of doing what I have always done, take the test as quickly as possible and keep it moving. I got the refusal for going outside but yet I have in writing the nurse stating I requested permission and she said yes.
I have beat myself up over and over trying to figure out how I could have prevented this from happening. The facility was packed and they were very short staff that morning. I never thought in a million years I would be in this position. Never failed a drug screen in my life but here I am. I truly think they need to take a look at the system. It’s to easy to have good driver’s unemployed because of simple mistakes by all parties.
28 years of this nonsense is enough for me I have had 0 issues with drugs or failed test but I’m so over this business , Every day it’s always something and the rules are always changing never to benefit the drivers. thus being said I think it’s completely ridiculous that they even test for marajuana anyways since it like cbd will help people with lots of medical issues and taking cbd will also cause a failed drug test however if it is being sold at a store and you can buy it why are they even texting anyone for it anyways ? it’s complete BS I know a lady who is the head of transportation for the state of TN she is the biggest pot head my point here is what one does on there own time is there business i feel like truck drivers in specific are targeted for all these ridiculous regulations we are not being paid enough for the BS . how about you drive your car to California from the east coast and buy your own produce . fk fmcsa
I’ve been reading a lot of these comments and I haven’t come across any examples of cdl license downgrade for something done years before I ever had a cdl.
10 years apart from each offense, I refused a breathalyzer and had to give my license up for 90 days. I paid my penalty for these offenses and now this law is attempting to take my cdl and livelihood away from me and thousands of other drivers across the country.
I paid $50 for a hearing which I have a date of Dec 19th… I will know how my life will be affected after then.
4 years still can’t drive not right
I hate bureaucrats! People like mayor Pete who never been in a truck making the rules! I’m 54yo got my class a when I turned 21. I’ve been here and watched the bureaucrats destroy this industry with their “Chevron Legislation”. ELD’s, clearing house, Unified Registration, 2290… Seems like if they’re not in further in your pocket, they’re further in your personal rights and freedom!
They tried to kill us all with their vaccines, but they want us safe on the road??? BS, it’s the money! The drug test industry lobbied to keep Marijuana on the testing requirements, for the money! it’s legal in lots of states but not for truck drivers??? Isn’t that unequal treatment under the law???
My first 10 years of driving I smoked weed every day! Never had an accident or a freight claim!
A friend has painful arthritis. Of course because he’s a driver he’s not allowed pain medication, someone recommended CBD gummies. the guy never smoked Marijuana in his life. He told me he did take medication that didn’t work. He tried CBD gummies and he said he never felt better. There’s. <0.03 THC in the gummies, you don't get high at all, I know because I tried them. What my friend didn't know, one a day, the THC builds up in your system. He failed a drug test. The MRO told him "I know you didn't smoke because the level in your system is just above the minimum reporting DOT level, had you have smoked it would have been much higher!" He had to go through the whole SAP program where he was treated like a drug addict. It costed him a bunch of money and couldn't work for 6 weeks! But the system made money, and everyone was safer??? To hell with every bureaucrat!
money is just an illusion. it’s not worth the linen it’s printed on since Nixon took the dollar off the gold standard. elds are a joke to any diver who now has to use one. the eld with the change of h.os. determines the amount of money one will make. unlike the time on paper logs you determine the amount you were going to make either the legal way or the illegal way by double loose leaf logs. the cents per mile is a joke now we’re in 2024 and we can’t afford food and can barely make ends meet as it is. the pennies per mile came into it’s induction during wwll. companies joined with other companies like for example consolidated freight. few trucking companies got together made a conglomerate. we all know what happened to consolidated freight they filled bankruptcy like many other companies because they wouldn’t or couldn’t keep up the ever so changing trucking industry. So these companies think we’re dumb as a box of rocks that they think we don’t know our worth. So instead of them paying us in 2024 illusion dollars they are still way in the days of wwll paying us as little as they can to line their own pockets. it’s like thowing meat to the wolves and see who wins. The clearinghouse is just another way for big government to collect the illusion dollar from us. the dollar is for government only how has the biggest military who has more currency than any other country so they can push their weight around while we’re just human collateral for these governments.This industry is not getting better I’ve seen more passenger vehicles that has more violations broken windshields, headlights aren’t in use in the rain , horn don’t work leaks oil and fuel they don’t get pulled over because their car or POS pickup is crap but let that pos hit a big truck then it’s a different ballgame. The truck driver will talk a big talk ” let’s strike let’s band together we need to unite” bs they have been saying that ever since I was a child riding in my uncles freightliner above in 72. I haven’t yet to see any of these truck drivers make a stand against the government. the independent owner operator will or even an owner operator will
the lease operator won’t now will the company driver won’t. why because their afraid if they do they will lose their jobs. they to scared to make a stand for what they believe in.. yes this industry is crap it pays crap get treated like crap from the customers brokers even by our own companies that we drive for. we’re just a warm body in a seat doing the impossible for the ungrateful. and the respect from other driver we’ll let me not get started on that rant common courtesy has left that popsicle stand along time ago. nothing will change every driver will complained but what will it take for our voices to be heard as one??? yes there were times the industry tried to do a national shut down for 24 hrs. but in all actually it needs to be done for 1 week. but to many scardy cats out there who needs to pull up their big boy shorts or granny panties they have on and be part of a solution. And take back what has been taken from us. not all this over regulated bureaucracy that we have been tolerated long as we have.. my words probably won’t go far but enough is enough we need to stand proud of who we are hard working American Truck Drivers who deserve dignity respect and better wages and better benefits. We move America since when did anyone bully us? but here we are our own government is bullying us when will any of you will stand your ground when will any of you will let you voice be heard??
I completed all the required steps finding a crooked SAP Counselor, paying the expensive fees, passing the RTD (return to duty) requirement, then had to find lousy flip-flop companies willing to hire me just to finally pass the 6 follow-up drug tests because my original employer didn’t want to mess with the DOT/Clearinghouse. That was 3 years ago and now nobody wants to hire me even with a perfect MVR no violations/accidents and years of actual OJT (On the Job) driving in 11 western states. Talk about frustrating, then find out the violation will stay on record for 5 years. I’ve already paid my dues for 3 long years only to find out I still have 2 more years left. Where is the 2nd chance and incentive for all the hard work of trying to salvage my CDL? G.W.