How To Successfully Navigate The New Clearinghouse Final Rule II

Recently, the Federal Motor Carrier Safety Administration (FMCSA) has released a second Clearinghouse Final Rule II that will go into effect no later than November 18, 2024.

What Is The New Clearinghouse Final Rule II?

The first Clearinghouse Final Rule states that any drivers who’ve violated the FMCSA’s Drug and Alcohol requirements and have a ‘prohibited’ status within the Clearinghouse are suspended from operating a commercial motor vehicle (CMV). Because the FMCSA is focused on making the roads as safe as possible for carriers, cargo and the general public, they’ve enhanced their drug and alcohol requirements by instating a second Clearinghouse Final Rule.

The new Clearinghouse Final Rule II states that all drivers who have a ‘prohibited’ status within the Clearinghouse will not be allowed to continue to hold a CDL or CLP (commercial learner’s permit). State Driver Licensing Agencies are required to downgrade these drivers’ licenses until they’ve completed the required return-to-duty process.

What Is The Return-To-Duty Process?

To reinstate your license and change your status in the Clearinghouse portal to ‘not prohibited’, the FMCSA requires you to complete a specific return-to-duty process. This process includes the following:

• Being evaluated by a substance abuse professional
• Completing a treatment program prescribed by the substance abuse professional
• Passing a drug and/or alcohol return-to-duty test with the following results:
  • Alcohol test with the results of alcohol concentration of less than 0.02
  • Produce a negative result for a controlled substance drug test
• Provide a documentation for your follow-up testing schedule to ensure you are staying compliance with the FMCSA drug and alcohol requirements

All employers are responsible for reporting the negative return-to-duty test results into the Clearinghouse. These results must be reported no later than three days after the employer has received the test results.

For more information on return-to-duty requirements, check out the FMCSA website here.

How To Stay Ahead Of The Game

We get it – all this information and requirements needed to maintain a ‘not prohibited’ status in the Clearinghouse portal can quickly become overwhelming and confusing. That’s why we’re here to help.

For just $30/month/per driver, we provide the proper support and resources needed to ensure that all your drivers are continuously adhering to the FMCSA’s drug and alcohol requirements. This is just one aspect of our comprehensive safety support package, which covers all compliance requirements, like running annual Clearinghouse and MVR queries, ensuring all new hires have properly completed pre-employment requirements, and more.

To get started with safety & DOT compliance support today, fill out the form below and our team will be in touch!