What To Do If You’re Noncompliant In The Clearinghouse

The Clearinghouse Final Rule II will be in effect no later than November 2024. If you're not currently enrolled and/or properly active in the Clearinghouse, it's essential to understand what steps to take to avoid the serious consequences of Clearinghouse noncompliance.

For a detailed breakdown of the Clearinghouse Final Rule II, you can check out our blog, "How to Successfully Navigate the Clearinghouse Final Rule II,’ HERE.

Understanding Clearinghouse Noncompliance

Noncompliance with the Clearinghouse can occur for several reasons, including:

1. Failure to Link FMCSA Portal to Clearinghouse Account
   Your FMCSA portal must be linked to your Clearinghouse account to ensure all data is synced and accessible. You must log into FMCSA portal every 30 days to keep both systems linked and active.
   
   
2. Failure to Register Drivers and/or Company in the Clearinghouse
   All CDL drivers and companies must be registered in the Clearinghouse. In addition, all drivers must have completed pre-employment and annual queries stored under their file.
   
   
3. Prohibited Status in the Clearinghouse
   This occurs when a driver has failed a recent drug or alcohol test, which requires immediate attention and action.

How Do You Know If You’re Noncompliant?

Unless a driver has a prohibited status, most don’t realize they aren't uncompliant with Clearinghouse regulations. It’s the responsibility of the company to ensure that both the company and all its drivers are registered, pre-employment and annual queries are conducted and stored correctly, and the Clearinghouse account remains linked to the FMCSA portal.

Many drivers only discover they're noncompliant during a roadside inspection. If it’s just a matter of registering a driver in the Clearinghouse, the driver might be stuck on the side of the road until registration is complete. However, if the company itself isn't registered, the process can take longer and may even force the driver to leave their vehicle and load until their company completes the Clearinghouse registration.

Dealing with a Prohibited Status

Becoming compliant with the Clearinghouse is relatively straightforward if you are not registered or if your portal is not connected. However, if you have a "prohibited" status due to a failed drug or alcohol test, it’s a more serious issue and could result in significant time off the road.

Steps for the Return to Duty (RTD) Process

If a driver has a ‘prohibited’ status in the Clearinghouse, their state agency will revoke their CDL and CPL until they’ve completed a Return to Duty (RTD) process. An RTD includes:

1. Substance Abuse Professional (SAP) Evaluation
   The driver must undergo an evaluation by a DOT-qualified SAP who assesses their situation and history.
   
   
2. Completion of a Treatment and/or Education Program
   Based on the SAP's evaluation, the driver must complete a recommended treatment or education plan.
   
   
3. Return-to-Duty Testing
   The driver will never know the details of the follow-up testing, including duration or frequency. It is the current employer’s responsibility to administer the follow-up tests according to the SAP’s recommendations. The driver must pass a drug and/or alcohol test. The result for alcohol must show a concentration of less than 0.02, and the drug test must be verified as negative.
   
   
4. Follow-Up Testing
   After passing the initial return-to-duty test, the driver is subject to follow-up testing as determined by the SAP.

The RTD process is intended to help drivers return to work as safer and more responsible professionals.

Stay Compliant, Stay On The Road.

Clearinghouse compliance is essential to keeping your business operating smoothly while avoiding costly fines or out of service orders. For assistance with Clearinghouse compliance, reach out to our team HERE.