Am I required to enter my employee’s non-negative test result into the Clearinghouse or query the Clearinghouse when I hire a safety-sensitive employee who previously worked for a motor carrier?
No. The Federal Motor Carrier Safety Administration’s (FMCSA) Clearinghouse is a database that contains information pertaining to violations of DOT controlled substance and alcohol testing under 49 CFR part 382 for holders of commercial driver’s licenses (CDLs). The Clearinghouse does not apply to an FAA-regulated employee that performs safety-sensitive functions listed under 14 CFR part 120.
If you are an FAA-regulated employer, you are only obligated to enter a violation into the Clearinghouse if your employee holds a CDL to operate a motor vehicle and you conduct testing under 49 CFR part 382. If you do not employ an individual that meets these criteria, you are prohibited from entering information into the Clearinghouse. For questions about or assistance with the Clearinghouse, please contact the FMCSA at FMCSAdrugandalcohol@dot.gov or 202-366-2904.
In accordance with 49 CFR § 40.25, you must request the drug and alcohol testing information from a motor carrier if you are hiring an individual to perform aviation-related functions and the individual previously performed covered duties for a motor carrier. You are prohibited from querying the Clearinghouse to obtain drug and alcohol information, and the motor carrier is obligated under § 40.25(h) to immediately release the requested information to you after reviewing the written release. According to the FMCSA's frequently asked question, the motor carrier is prohibited from referring you to the Clearinghouse to obtain the information.
If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
Please visit our website to learn more about the program.
Applicable regulations:
49 CFR § 40.25
14 CFR § 120.105
14 CFR § 120.215
49 CFR part 382