NTA's National Substance Abuse Program

At the end of 2020, nearly 48,000 drivers had been taken off the road, at least temporarily, because of drug or alcohol violations that are tracked in the Federal Motor Carrier Safety Administration’s Drug & Alcohol Clearinghouse.

What is the timeframe in which an employer must submit a report of an employee’s drug and alcohol program violation to the Clearinghouse? Employers are required to report a drug and alcohol program violation by the close of the third business day following the date on which the employer obtained the information.

A limited query allows an employer to determine if an individual driver’s Clearinghouse record has any information about resolved or unresolved drug and alcohol program violations, but does not release any specific violation information contained in the driver’s Clearinghouse record. Limited queries require only a general driver consent, which is obtained outside the Clearinghouse; this general consent is not required on an annual basis, it may be effective for more than one year. However, the limited consent request must specify the timeframe the driver is providing consent for.

The Office of Management and Budget (OMB) has approved the 2020 Federal Custody and Control Form (CCF). The 2020 Federal CCF may be used as a paper form or electronic form. The effective date of the Federal CCF is August 17, 2020, and the current expiration date is August 31, 2023.

Compliance with Clearinghouse reporting and query requirements is mandatory to achieve a compliant FMCSA drug and alcohol program.

Recently, some states passed initiatives to permit use of marijuana for so-called “recreational” purposes.