What is the annual requirement for employee queries and how is it tracked?
NOTE: This guidance revises FMCSA-D&A-CLEAR-382.701-FAQ001, issued on January 8, 2020, and rescinded on March 9, 2023.
Question: What is the annual requirement for employee queries and how is it tracked?
Guidance: Employers must conduct an annual query on current employees at least once within a 365-day period based on the date the employer conducted the last query, or another 12-month period determined by the employer, as long as the requirements of 49 CFR 382.701(b) are met.
The annual query requirement is tracked on a rolling 12-month (365-day) basis. For example, if an employer conducts a preemployment query on a prospective employee (or an annual query on a current employee) on December 1, 2022, and the employer is then hired, the employer is not required to conduct another query on that employee again until December 1, 2023.
If an employer receives a notification that a driver has a change to their Clearinghouse record and completes a follow-on query, the follow-on query satisfies the annual query requirement and the rolling 12 months will reset based on the date of the follow-on query. For example, an employer initiated a query on January 1, 2023, then received a notification and requested driver consent for the follow-on query; if the follow-on query is completed on February 1, 2023, the employer would not be required to complete a new annual query on the driver until February 1, 2024.
Contact Info: FMCSA Drug and Alcohol Clearinghouse, 1-844-955-0207 or firstname.lastname@example.org
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.