KBS Reference Desk: Clearinghouse Rule

Q:        It has been brought to my attention that as an employer of CDL drivers, we are now required to register with the Drug and Alcohol Clearing House. Is this true, and if so, what does it entail?  

A:        Yes, it is true. The Federal Motor Carrier Safety Administration now requires all employers of CDL drivers to register with the Drug and Alcohol Clearinghouse.

As of January 6, 2020, all school districts employing Commercial Driver’s License (“CDL”) and Commercial Learner’s Permit (“CLP”) holders are required to register with the Drug and Alcohol Clearinghouse. Employers of CDL holders will also be responsible for accessing the Clearinghouse and verifying an applicant’s status before hiring a prospective CDL driver and then annually thereafter for all employed CDL drivers. 49 C.F.R. § 382.701. The Clearinghouse contains records of violations of drug and alcohol prohibitions contained within the Code of Federal Regulations, including positive drug or alcohol test results and test refusals. The benefit of this database is that it will give the employer real-time information about a CDL and CLP holder’s drug and alcohol program violations.

In addition to employers registering with the Clearinghouse, all CDL holders individually must register as well. Current employees holding a CDL must register to give electronic consent to their employer(s) to run the required annual query. This should occur as soon as possible. Additionally, those applying for positions in your district requiring a CDL will have to be in the registry before their application can be considered. You’ll want to ensure that both your transportation director and human resource representatives are fully aware of this obligation.  And while there is no deadline, certainly if you have not already done so, your district needs to register with the Clearinghouse and notify all current bus drivers and coaches/sponsors with a CDL of their registration responsibilities. Be sure to document and maintain evidence of compliance with each search.

For more information on the new clearinghouse rules, the Federal Motor Carrier Safety Administration released guidance and Frequently Asked Questions, which can be found on their website at https://clearinghouse.fmcsa.dot.gov/. For specific questions concerning the application of the new rules to your district, contact your school attorney.

Related Posts

Recent Articles

KBS Reference Desk: Temporary Suspension of TPIA due to Catastrophe
August 6, 2021
KBS Reference Desk: Standard for Reporting Child Abuse and Neglect
July 30, 2021
KBS Reference Desk: Bullying Policies and Reporting SB 2050
July 23, 2021
KBS Reference Desk: Homeschoolers and UIL
July 16, 2021
KBS Reference Desk: TOMA Suspension Extension
July 9, 2021
KBS Reference Desk: Revision to Resignation without Penalty Deadline
July 2, 2021
KBS Reference Desk: SB 179 School Counselors
June 25, 2021
KBS Reference Desk: 2021 TRS Surcharge SB 202
June 18, 2021
KBS Reference Desk: When do Virtual Board Meetings End
June 11, 2021
KBS Reference Desk: Buy American Program
June 4, 2021
KBS Reference Desk: Board Member with Substantial Interest Closed Meeting Attendance
May 28, 2021
KBS Reference Desk: Administrator Reassignments – Same Professional Capacity
May 21, 2021
KBS Reference Desk: Vaccine Complications and FFCRA
May 14, 2021
KBS Reference Desk: Importance of Contract Legal Review
May 7, 2021
KBS Reference Desk: Negotiating Resignations
April 30, 2021
KBS Reference Desk: Authority to Create New Position
April 23, 2021
KBS Reference Desk: Vaccine Incentive Programs for Employees
April 16, 2021
KBS Reference Desk: Felony Conviction and School Board Candidates
April 9, 2021
KBS Reference Desk: T-TESS Rubric Virtual
April 2, 2021
KBS Reference Desk: COVID-19 Vaccination Status Questions and EEO Laws
March 26, 2021
KBS Reference Desk: Certification Addendum
March 19, 2021
KBS Reference Desk: Lifting of Mask Mandate and Implications for UIL Activities
March 12, 2021
KBS Reference Desk: Identification of TPIA Requestor
March 5, 2021
KBS Reference Desk: Pay During Closure
February 26, 2021
KBS Reference Desk: Vaccines and Quarantine
February 19, 2021