Beginning January 6, 2023, a FMCSA pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective driver's previous drug and alcohol program violations, as established by 49 CFR 391.23(e).
Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years (see 49 CFR 391.23(e)). Currently, this requires employers or their designated consortia/third-party administrators (C/TPAs) to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year time frame.
Beginning January 6, 2023, when three years of violation data is stored in the Clearinghouse, prospective employers must not conduct manual inquiries. In accordance with §§ 382.413(b) and 391.23(e)(4), beginning January 6, 2023, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in § 391.23(e) as it pertains to FMCSA-regulated employers.
NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii), since this information is not reported to the Clearinghouse.
Click here to find out more information regarding the Clearinghouse:
https://clearinghouse.fmcsa.dot.gov/FAQ/Search?Keyword=fra
Our online tools significantly simplify drug and alcohol testing administration for the DAPM or DER. We are experts in managing federally-mandated drug and alcohol programs including 49 CFR Part 219, 382, and 655.
Be sure to talk with us about our products, services, and pricing specifically for DOT regulated employers. We're offering FALL special too, assistance with five free 40.25 background checks per company. Hurry, this offer expires on Halloween 2022! Contact us at info@sparkts.net.
Introducing Spark TS, our new name
A few weeks ago, we announced a change in our company name. From now on, you can call us Spark TS!
Our rebranding decision was made to better reflect our strategic expertise and array of software and services for our railroad and contractor clients.
970 Inwood Ave. N.
Oakdale, MN, 55128
