February 17th, 2025
FMCSA’s New Clearinghou…

On November 18, 2024, the Federal Motor Carrier Safety Administration (FMCSA) implemented a new Clearinghouse rule that significantly impacts the status of commercial drivers who are found in violation of drug and alcohol regulations. The new regulation mandates that States must downgrade a commercial driver’s license (CDL) or commercial learner’s permit (CLP) when the driver’s status in the Drug and Alcohol Clearinghouse is marked as “prohibited.” This downgrade will remain in effect until the driver successfully completes the return-to-duty (RTD) process.

Key Provisions of the New Rule

Under the new rule, States are required to check the FMCSA Clearinghouse before issuing, renewing, or upgrading any CDL or CLP. This includes the issuance of initial CDLs, CLPs, and non-domiciled CDLs or CLPs, as well as any CDL transfers, renewals, and upgrades. If the Clearinghouse shows that a driver has a “prohibited” status—meaning they have violated drug and alcohol regulations—the driver’s CDL or CLP will be downgraded until they complete the RTD process.

The Return-to-Duty (RTD) Process

The RTD process is designed to ensure that drivers who have violated drug and alcohol regulations meet specific requirements before returning to safety-sensitive functions. This process is governed by 49 CFR Part 40, Subpart O and involves several crucial steps.

  1. Substance Abuse Professional (SAP) Evaluation: To begin the RTD process, the employer must provide the driver with a list of Department of Transportation (DOT)-qualified SAPs. The driver must select an SAP, who will then conduct an evaluation to determine the extent of the driver’s substance abuse issue and recommend an appropriate course of treatment and education.
  2. Education and Treatment: Based on the SAP’s evaluation, the driver may be referred to a specific educational or treatment program. These programs are designed to address issues related to alcohol and/or drug use. After the driver completes the program, the SAP will conduct a follow-up evaluation to assess whether the driver has participated in the program and adhered to the SAP’s recommendations.
  3. Follow-up Evaluation and Testing: The SAP’s follow-up evaluation will assess the driver’s compliance with the treatment recommendations and will also require the driver to pass a negative drug and alcohol test. The SAP will provide feedback to the employer, who will then make a decision about allowing the driver to return to safety-sensitive functions.
  4. RTD Testing: If the employer agrees to reinstate the driver, the driver must undergo an RTD test, which is a drug and alcohol test conducted to confirm that the driver is fit to return to duty. The SAP will also develop a written follow-up testing plan, which must include at least six unannounced drug and/or alcohol tests within the first 12 months of the driver’s return to safety-sensitive functions.
  5. Clearinghouse Update: Once the driver passes the RTD test, the employer will enter the negative test result into the Clearinghouse, and the driver’s status will be updated from “prohibited” to “not prohibited.” This change signals that the driver is eligible to resume their safety-sensitive duties, provided they remain compliant with all follow-up testing requirements.

Impact on States and Employers

This new rule not only mandates State authorities to regularly check the Clearinghouse before issuing or renewing a CDL or CLP, but also reinforces the importance of ensuring that drivers who have violated drug and alcohol regulations complete the RTD process before returning to work. Employers must be vigilant in managing the RTD process to ensure that drivers meet the required conditions and that they adhere to all testing and evaluation requirements.

In summary, the FMCSA’s new Clearinghouse rule places a significant responsibility on States, employers, and drivers to manage and address drug and alcohol violations. By requiring a driver’s license downgrade until the RTD process is successfully completed, the regulation aims to enhance public safety and ensure that only qualified drivers are allowed to perform safety-sensitive functions in the commercial transportation sector.

If you have questions about this article, contact Eliza Mergenmeier (emergenmeier@setlifflaw.com) at (804) 377-1268 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.