Phase II of the DOT Clearinghouse Is Now in Effect
If it feels like the DOT Clearinghouse just added another layer of compliance to your already full plate, you’re not wrong. Phase II is here, and this time, it’s the states that are getting involved.
Now that the new rule is in effect, State Driver’s Licensing Agencies (SDLAs) must run a query of the DOT Clearinghouse database before issuing, renewing, or transferring a CDL or CLP. If a driver has an unresolved drug or alcohol violation, they’ll be flagged as “prohibited,” and the SDLA won't be permitted to complete the transaction.
According to the latest DOT Clearinghouse report, 182,588 drivers are currently in prohibited status due to drug and alcohol testing violations. Over 77% haven’t started the Return-to-Duty process.
What's New in Phase II of the DOT Clearinghouse?
DOT regulations have long prohibited CDL and CLP holders with drug and alcohol violations from operating commercial motor vehicles until they complete the return-to-duty process. But until recently, that information wasn’t always easy to track. That all changed on January 6, 2021, when the DOT Clearinghouse took effect. A federal database was created, and employers were required to run queries to verify that their drivers were eligible to drive a commercial motor vehicle.
Even so, many drivers could still obtain or renew their CDLs and CLPs, since state licensing agencies weren’t required to check the database.
Phase II closes that gap. SDLAs must now query the Clearinghouse before issuing, renewing, or transferring a CDL or CLP. If a driver has an unresolved violation, they’ll be flagged as “prohibited” and denied issuance.
SDLAs are also required to run a query when notified by the FMCSA that a driver’s status has changed. If a driver enters prohibited status, their license must be immediately downgraded until they complete the return-to-duty process.
What Employers Still Need to Do (and Why Annual Checks Aren’t Enough)
Your responsibilities under the DOT Clearinghouse haven’t changed with Phase II. As a DOT-regulated employer, you’re still required to:
- Run a pre-employment query on all new CDL drivers
- Run a limited query on each driver annually to check for new records
- Run a full query if a limited query reveals a record that needs review
If you’re following the current requirements and have a regular process for running Clearinghouse queries, this added visibility from the SDLAs shouldn’t result in any major surprises. That said, it’s worth considering whether annual queries are truly enough to keep your business safe.
Here’s an example: let’s say you run your annual queries in January. If a driver fails a drug test in February and doesn’t disclose it, you may not find out until the following year—unless you’re running more frequent checks. If their license is later downgraded, you could be looking at multiple potential violations. And while the driver should report the violation to you, that doesn’t mean he will. You might not know until it’s already a problem.
To mitigate this risk, we recommend scheduling additional queries throughout the year, especially if you manage a large or high-turnover fleet. It’s one of the simplest ways to stay ahead of potential issues and keep your business compliant.
How Drivers Can Move Out of Prohibited Status
The only way a driver can move out of prohibited status in the DOT Clearinghouse is to complete the return-to-duty process. Outlined in 49 CFR Part 40 Subpart O, this process includes:
- An evaluation with a Substance Abuse Professional (SAP)
- Completion of the SAP’s recommended treatment or education plan
- A negative return-to-duty drug or alcohol test
Once they complete these steps, the driver’s status in the Clearinghouse will be updated to “not prohibited,” and their CDL or CLP eligibility will be reinstated.
Need Help Managing Your DOT Drug & Alcohol Testing Requirements?
Between navigating new Clearinghouse rules and keeping up with random drug testing requirements, there’s a lot to stay on top of. At US Compliance Services, we help simplify compliance with a full suite of FMCSA programs designed to take the guesswork—and the paperwork—off your plate.
From pre-employment testing to running Clearinghouse queries and managing return-to-duty tracking, we’ll help keep your drivers compliant and your business protected. You’ll get the information you need to know, when you need it—and nothing more.
If you have questions about your Clearinghouse responsibilities or want to learn more about our compliance services, we’d love to set up a time to talk. Click here to get started.