Consortium Versus Clearinghouse:

DOT auditors tell us that one of the most common violations they see now is CDL drivers not participating in a drug and alcohol testing program (or an owner-operator working with a consortium), or companies not registering or using stored DOT drugs and alcohol The CDL Clearinghouse for Violations.

This became apparent when new carriers conducted new entrant audits within the first 6-12 months of operations, and auditors found these errors.

The purpose of this article is to help drivers and carriers understand the difference between the Drug and Alcohol Alliance and the CDL Drug and Alcohol Clearinghouse, understand their requirements, and find out what, if any, you need to use.



What is the DOT Consortium?

Let's start with the basics.

The DOT Alliance is a must-have DOT drug and alcohol testing program for any employee operating a commercial motor vehicle (CMV) that requires a CDL in intrastate or interstate commerce.

"Qualified employees" include:

Drive a single vehicle with a Gross Vehicle Weight (GVW) of 26,001 lbs. or more

Drive vehicles such as trucks (including pickups) or trailers (10,001 lbs or more) and two units with a gross weight of 26,001 lbs. or more

Drive a bus or limousine that seats 16 or more passengers, including the driver

Drive a vehicle that transports hazardous waste of any size, weight or quantity, which requires a Hazardous Materials sign

The DOT drug and alcohol testing program must conduct the following tests on "qualified employees":

Before Employment

After The Accident

Random

Reasonable Doubt

Return to Work

Follow Up

Given the complexity of the DOT's drug and alcohol testing requirements, most companies hire a Consortium/ThirdParty Administrator (C-TPA) to help manage their drug testing programs. Additionally, owner-operators must register with the consortium if they meet the above requirements and participate in the consortium's random testing pool.

Companies should look for consortia, such as CNS, that meet the DOT's mandatory requirements for the following capabilities:

Random Selection

Consult

Company Drug and Alcohol Policy Support

24/7 Emergency Support

Tested in an Accredited Laboratory

Collection Point Management

Maintenance Service

Clearinghouse Reports for Mro/Collection Sites

Record Keeping and Reporting Assistance

What is the CDL Clearinghouse?

On January 6, 2020, FMCSA launched the CDL Clearinghouse, an online database that will store and search CDL driver drug and alcohol testing violations and return-to-work information.

The purpose of the CDL Clearinghouse is to prevent CDL drivers from jumping jobs due to positive drug and alcohol test results, refusal to test, or providing information about the driver's return-to-work process.

Information in the clearing-house database will include:

Positive drug and alcohol test results

refuse the test, and/or

CDL driver return process information

Who does it apply to?

DOT Consortium

Any owner-operator needs a DOT federation:

Drive a single vehicle with a Gross Vehicle Weight (GVW) of 26,001 lbs. or more

Drive vehicles such as trucks (including pickups) or trailers and two units with a gross weight of 26,001 lbs. or more

Drive a bus or limousine that seats 16 or more passengers, including the driver

Drive a vehicle that transports hazardous waste of any size, weight or quantity, which requires a Hazardous Materials sign

Although not required, most companies with "qualified employees" hire a consortium to help manage their drug and alcohol testing programs.

clearinghouse

The FMCSA Clearinghouse database will include drug and alcohol testing violations by CDL drivers who operate CMVs over 26,000 pounds combined, have more than 15 seat belts, or are hauling anything that requires a DOT HAZMAT placard.

To use the database, employers and some drivers need to register with the clearinghouse.

This includes:

Employers of CDL Drivers

Owner Operator

Drivers who are looking for a new job (pre-employment testing process), hold a Commercial Driver's License (CDL) or a Commercial Learning Permit (CLP)

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