Drug Clearinghouse Rule II, November 18, 2024

On November 18, 2024 the Drug Clearinghouse Rule II will goes into effect.

Understanding Drug Clearinghouse Rule II

The Federal Motor Carrier Safety Administration (FMCSA) has implemented a rule mandating that State Driver's Licensing Agencies (SDLAs) take specific actions when a commercial driver's license (CDL) or commercial learner's permit (CLP) holder violates drug and alcohol regulations. Effective November 8, 2021, with a compliance deadline of November 18, 2024, SDLAs are required to:

Deny Licensing Transactions: SDLAs must refuse to issue, renew, upgrade, or transfer a CDL or CLP for drivers prohibited from operating commercial motor vehicles (CMVs) due to drug or alcohol violations.

Downgrade Licenses: Upon notification from the FMCSA of a driver's prohibited status, SDLAs are obligated to remove the commercial driving privilege from the individual's license within 60 days, effectively downgrading it until the driver completes the return-to-duty (RTD) process.

This rule aims to enhance highway safety by ensuring that drivers with unresolved drug and alcohol violations are prevented from operating CMVs. It also facilitates better communication between SDLAs and the FMCSA's Drug and Alcohol Clearinghouse, a database containing records of such violations.

Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License

FMCSA is amending its regulations to establish requirements for State Driver’s Licensing Agencies (SDLAs) to access and use information obtained through the Drug and Alcohol Clearinghouse (DACH or Clearinghouse), an FMCSA-administered database containing driver- specific controlled substance…

Federal Register49 U.S.C. 31133

How will the FMCSA's new rule impact the hiring practices regarding drivers with prior drug or alcohol violations?

• Conduct Thorough Pre-Employment Checks: Employers are required to query the FMCSA's Drug and Alcohol Clearinghouse to verify a driver's compliance status before hiring.
• Implement Continuous Monitoring: Regular checks of the Clearinghouse are necessary to ensure current drivers maintain compliance, as any new violations could lead to license downgrades.
• Revise Hiring Policies: Companies may need to adjust their hiring criteria to account for the stricter enforcement of drug and alcohol regulations, potentially affecting the pool of eligible drivers.

Integration with Haul Clearinghouse

Haul Compliance will be launching an integration into the Clearinghouse, allow the easy pull of Full and Limited Query. The ability to run Bulk Changes will also be supported. The moment a driver is Prohibited status, that status will be updated in Haul Compliance which will lead to the update of the driver's compliance posture and will force the driver to be in Non Compliant status even before the license got downgraded or suspended by state DMVs.