FMCSA Update

FMCSA Pre-employment Investigations

Beginning January 6, 2023, a pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective driver’s previous drug and alcohol program violations, as set forth in 49 CFR 391.23(e)(4) and 382.413(b).  Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug…

The Return to Duty Process

When a safety sensitive worker has a positive drug test and/or positive alcohol test, the employee is required to go through the return to duty (RTD) process. It is important to note that a refusal to test, failing to provide a sufficient sample for testing or even a failure to…

How to Designate an SAP

The RTD process requires a worker be evaluated by a substance abuse professional (SAP).  The first step in the process is designating your SAP in Clearinghouse.  You can use a list of DOT-qualified SAPs provided by your employer or choose an SAP based on your own research. The next step…

How to Register as a Driver in the Clearinghouse

Why register? Employers of CDL drivers must query the Clearinghouse to verify that a current or prospective driver is not prohibited from operating CMVs or performing other safety-sensitive functions due to an unresolved drug and alcohol program violation. This means that: If you apply for a job to perform a…

Are SAP’s required to make recommendations?

SAP’s are required by the U.S. DOT to recommend a course action for each individual they assess.  These recommendations are based on the information gathered in the assessment process and based on the needs of the unique individual being assessed. These recommendations are education, counselling, and/or treatment. To be clear:…