As of Jan. 6, 2023, regulated motor carriers will no longer have to manually reach out to previous employers for drug-and-alcohol-related information about prospective drivers.

One of the reasons why employers have to ask for drug-and-alcohol-related information from prospective drivers’ previous employers before the new change is because the system was devoid of data. More than two years since DOT first implemented the clearinghouse, it has enough data to leverage queries to new drivers.

New changes that aim to streamline how trucking companies comply with the Federal Motor Carrier Safety Administration’s Drug & Alcohol Clearinghouse are around the corner.

However, carriers still need to reach out for non-drug-and-alcohol-related questions under regulation 49 CFR 391.23.

Commercial fleets also must ask previous employers if the driver has been involved in any DOT-recordable accidents while working for that company­; those that involve a fatality, injury to a party that requires immediate legal attention away from the scene of the accident, and an accident that involves disabling damage to any vehicle.

The hiring carrier would then use the clearinghouse to determine whether the driver had violated drug-and-alcohol testing rules, failed to undergo the federal return-to-duty process, and had successfully completed a rehabilitation process with a substance abuse professional.

If a commercial carrier is to run a clearinghouse query on a driver who has previously tested positive, they will still be required to contact the driver's previous employer to make sure that the driver follows through with the follow-up tests.

What if the driver came from an employer not regulated by FMCSA or is a non-motor carrier?

If you are to hire drivers who were previously employed by a non-motor carrier, or an employer regulated under a different modal agency than FMCSA, carriers are still obligated to ask for drug-and-alcohol-related information.

FMCSA intended the changes that are about to happen to streamline the process for regulated carriers further. By Nov 18, 2024, phase two of the change will require all state driver licensing agencies to perform a clearinghouse query before issuing, renewing, or upgrading a CDL. The agencies will also be tasked with suspending or downgrading a CDL if the driver is in prohibited status.

Will employers still have to ask for an SPH from the person's last job?

Yes, the SPH form will still be sent to former employers. The only difference is that employers can't ask about a person's past tests for drugs and alcohol. The motor carrier must still ask the driver about his or her DOT accident history and general employment details.

Is there a new version of the SPH form?

Employers should check with their vendors to see if they have a new SPH form. If the motor carrier uses a third party to help put together the driver qualification file or manage the drug and alcohol program, the carrier must make sure the service agent knows about the new rules. Before sending an SPH form to a previous employer, an employer or service agent who wants to use SPH forms they already have on hand must cross out the section about drug and alcohol testing history.

How will employers know if a candidate has an unresolved FMCSA drug or alcohol violation?

Employers will rely entirely on a pre-employment Drug and Alcohol Clearinghouse query beginning January 6, 2023 to identify if a potential employee has unresolved FMCSA drug or alcohol violations. Clearinghouse queries must be finished before the individual drives you. The driver's Clearinghouse account provides pre-employment check consent.

In what situations must an employer still obtain drug and alcohol information after January 6, 2023?

Employers must contact previous employers for drug and alcohol information in two situations:

• The driver worked in another mode. Motor carriers must continue to inquire previous employers about DOT drug and alcohol testing if the driver was tested under another mode (air, pipeline, transit, maritime, rail). This information is relevant and must be investigated because a violation in another method transfers to the highway (FMCSA). Before the former employer responds, the driver must give written consent. Other than the safety performance history document, this information is requested. This process will continue after January 6, 2023.

• Unresolved DOT drug/alcohol infraction. If a motor carrier learns a driver did not complete the return-to-duty and/or follow-up program, it must contact the former employer to establish where the process stopped off. This may require seeking copies of records like the SAP's follow-up testing plan and completed tests. The driver must give written consent for such release. This has always been true.

Numbers from the clearinghouse as of today

Today, the Drug & Alcohol Clearinghouse is used by more than 3 million CDL drivers and more than 420,000 motor carriers.

As of October 2022, 171,957 drug-related violations had been reported to the clearinghouse over the last three years. This includes positive drug tests, refusals to be tested, and people who knew they had broken the rules. Over the past three years, the clearinghouse has only heard about about 4,000 alcohol violations.

The data show that marijuana is the most common drug found in positive drug tests that are sent to the clearinghouse.

"Legalizing marijuana for medical or recreational use or both in some states could be causing some confusion among drivers," Wiseman said. "But I think most of it has to do with the fact that drivers use marijuana even though they know it's illegal. Over those three years, 95,076 positive drug tests for marijuana were sent to the clearinghouse. Cocaine use comes in second, which is also very scary."

According to the most recent data, there are 113,995 drivers who aren't allowed to drive, and 86,500 of them haven't started the return-to-duty process, which means they haven't seen a professional for substance abuse or started treatment as required.

Wiseman said, "For all we know, these drivers are just gone." "That's a very big number. It's almost the same as what the ATA says, which is that we need about 80,000 more drivers.

So far, 42,515 drivers have completed the return-to-duty process and are no longer banned from driving, even if they had a positive test result or a violation in the last three years.

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