Is the annual requirement for employee queries based upon the calendar year or by hire date?

NOTE: This guidance was rescinded on March 9, 2023, and is no longer in effect.  Please see revised guidance FMCSA-D&A-CLEAR-382.701-FAQ001(2023-03-09).

FMCSA-D&A-CLEAR-382.701-FAQ001

Guidance on Clearinghouse Annual...

Can a driver correct information recorded about him or her in the Clearinghouse?

Guidance on correcting information in the Clearinghouse

Can a driver correct information recorded about him or her in the Clearinghouse?

Yes. The final rule provides a petition process for drivers to request corrections to their...

If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121?

Section § 382.121: Employee admission of alcohol and controlled substances use.

Question 1: If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121?

Guidance: In order for the exception in §382.121...

In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of controlled substances and alcohol testing?

Section § 382.115: Starting date for testing programs.

Question 1: In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of...

Must a notice be given before each test or will a general notice given to drivers suffice?

Section § 382.113: Requirement for notice.

Question 1: Must a notice be given before each test or will a general notice given to drivers suffice?

Guidance: A driver must be notified before submitting to each test that it is required by part 382. This...

What is an owner-operator?

Section § 382.107: Definitions.

Question 1: What is an owner-operator?

Guidance: The Federal Motor Carrier Safety Administration (FMCSA) neither defines the term "owner-operator" nor uses it in regulation. The FMCSA regulates "employers" and "drivers...

Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-counter medication?

Section § 382.105: Testing procedures.

Question 4: Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-...

Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)?

Section § 382.105: Testing procedures.

Question 3: Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)?

Guidance:...

A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the Breath Alcohol Technician (BAT)/urine specimen collector or may the employer representative identify the driver via a telephone

Section § 382.105: Testing procedures.

Question 2: A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the Breath Alcohol Technician (BAT)/urine specimen collector or may the employer...

Are motor carrier employers operating in Puerto Rico required to query/report to the Clearinghouse if they employ commercial driver’s license (CDL) holders who rely on the CDL to legally operate a commercial motor vehicle (CMV) in Puerto Rico?

Guidance on the applicability of the Clearinghouse requirements to CDL drivers who operate in Puerto Rico

Are motor carrier employers operating in Puerto Rico required to query/report to the Clearinghouse if they employ commercial driver’s license (CDL) holders who rely on...