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How is an employer notified of changes to a driver’s Clearinghouse record?

NOTE: This guidance revises FMCSA-D&A-CLEAR-382.701-FAQ002, issued on July 22, 2019, and rescinded on March 9, 2023.

FMCSA-D&A-CLEAR-382.701-FAQ002(2023-03-09)


Question:  How is an employer notified of changes to a driver’s Clearinghouse record?

Guidance:  As of March 8, 2023, an employer will be notified via email if a driver they have queried has new information (such as an updated return-to-duty status, a removed violation, or a new violation) recorded in their Clearinghouse record within 12 months of a pre-employment or annual query. The Query History will also be updated to reflect that new information is available. This change is permitted as a “routine use” of the driver’s information under the Privacy Act and is set forth in FMCSA’s System of Records Notice for the Clearinghouse, accessible at 2019-22915.pdf (govinfo.gov)

Note: Previously, email notifications about new driver information were sent to employers within 30 days of a conducting pre-employment queries only. This has been expanded as described above.

Contact Info:  FMCSA Drug and Alcohol Clearinghouse, 1-844-955-0207 or clearinghouse@dot.gov
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Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way.  It is intended only to provide information and clarity regarding existing requirements under the law or agency policies.
 

Regulatory Topic: Clearinghouse FAQ
Effective Date: Thursday, March 9, 2023
Issued Date: Thursday, March 9, 2023