FMCSA Pre-employment Clearinghouse Requirement Went Into Effect January 6, 2023

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.

These requirements apply to both interstate and intrastate drivers as the Texas Department of Public Safety adopts these Chapters 49 CFR 380 and 390 in whole.

As of January 6, 2023, three years of violation data is now stored in the FMCSA Drug & Alcohol Clearinghouse. This means that prospective employers can now and are required to conduct a pre-employment query through the FMCSA Clearinghouse.

Annual query requirements have not changed.

Additionally, employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ. This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in January 2022, it is time to conduct the next round of annual queries.

Consent form. Employers must obtain general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information (you can download a sample limited query consent form).

Are you up-to-date on your annual queries?

Log in to the Clearinghouse and visit your Query History page to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.

Visit the Clearinghouse at https://clearinghouse.fmcsa.dot.gov/