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Only 20 Percent of Carriers are Aware of New FMCSA Clearinghouse Rules

Written by Foley | Dec 5, 2019 5:00:00 AM

“Only 1 in 5 carriers polled are aware of the Clearinghouse and the impact it will have on their business.”

Foley Senior Research Analyst

We have one more month until the DOT Clearinghouse goes into effect – a regulatory change that will have a big impact on the industry. Yet, as our independent research shows, only about 20 percent of carriers are knowledgeable about this change. “Only 1 in 5 carriers polled are aware of the Clearinghouse and the impact it will have on their business,” Foley’s Senior Research Analyst said. “Our team has been conducting high volume outreach to educate as many as we can about their new obligations and help them prepare.”

Related Article: A Key Clearinghouse Requirement for Owner Operators

Why it Matters

From safety-sensitive employers to CDL drivers and Substance Abuse Professionals, many industry professionals will be impacted by the Clearinghouse and will have to take steps in the next few weeks to prepare for the change. For drivers, this simply means creating an account in advance of the January 6, 2020 implementation date. But for employers, the impact will be much greater.

From creating an account, to designating a TPA to purchasing query credits and establishing a Clearinghouse-compliant policy, employers who haven’t yet started preparing for the Clearinghouse could have a lot on their plates for the next few weeks. There are also processes that need to be established for executing compliant processes around consent management, running queries and recordkeeping.

“It’s popular belief that if you have a TPA that manages your DOT drug and alcohol testing program that your Clearinghouse requirements will be covered, but that’s not necessarily true,” Scott Mogensen, Director of Drug Testing Compliance said. “If you don’t have a Clearinghouse specific program like Foley’s DAT Clear to manage these responsibilities on your behalf, you’ll need to develop internal processes to make sure you’re compliant.”

 What it Is

 The FMCSA Clearinghouse is an online database of driver’s DOT drug and alcohol violations. Beginning on January 6, 2020, all new violations must be reported to a driver’s Clearinghouse record. Employers will be required to query this record both during the pre-hire process and annually throughout a driver’s employment.

All FMCSA-regulated employers who hire safety-sensitive drivers will have responsibilities in the Clearinghouse, as will the CDL drivers they employ. Substance Abuse Professionals, Medical Review Officers and Third Party Administrators such as Foley will also need to comply.

How You Can Prepare

If you’re not yet ready for the upcoming Clearinghouse, the first step is getting registered. At Foley, we’ve created a Clearinghouse Resources section that will help walk you through the registration process, as well as your additional responsibilities. To access our Resources section, please click here: https://www.foleyservices.com/clearinghouse-resources/