Previous Employer Drug & Alcohol Testing Query Changes

January 6, 2023

On January 6, 2023, three years of violation data will be stored in the FMCSA Drug & Alcohol Clearinghouse. Therefore prospective employers will no longer have to conduct manual inquiries with a CDL driver’s past employers; the query of the Clearinghouse will satisfy that requirement and will be the sole source for drug and alcohol histories.

However, if a prospective employee was subject to drug and alcohol testing by a U.S. Dept. of Transportation mode other than FMCSA (e.g., Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration), prospective employers will still have to request drug and alcohol violation information from those DOT-regulated employers since that is not reported to the Clearinghouse. As a reminder:

• Motor carriers must continue to make annual limited queries through the Clearinghouse of all employed drivers.
• Employers must obtain the consent of the driver before conducting limited queries. A sample form is available at https://clearinghouse.fmcsa.dot.gov/Resource/Index/Sample-Limited-Consent-Form.