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Sign displaying "Pre-Employment Clearinghouse Query Changes For 2023" with a yellow "Change Ahead" road sign in a digital setting, relevant to USDOT services and regulatory updates.

July 17, 2023

Pre-Employment Clearinghouse Query Changes for 2023

In 2023, there were changes to the Clearinghouse pre-employment query system. Learn about changes and how they affect employers and drivers.

The pre-employment Clearinghouse query system underwent significant changes in March 2023. The changes were designed by the Federal Motor Carrier Safety Administration (FMCSA) to align the drug and alcohol Clearinghouse process with the evolving needs of employers.

The new system will replace the current manual process of tracking the prospective driver’s previous drug and alcohol data. The original process has been in place since the program began but is no longer suitable for today’s employers.

Under the new pre-employment query system, requesting data will be more automated and streamlined. This will reduce the time needed to complete pre-employment checks and the annual query requirement.

It will also offer more detailed information for prospective employers, which will allow you to make better hiring decisions.

What Are The New Pre-Employment Query Changes?

The objective of the pre-employment Clearinghouse changes is to prevent drivers from job hopping by tracking their drug and alcohol program history, as well as other drug and alcohol violation information.

It also makes it easier for prospective employers to check and verify such information.

Below are some of the changes when making inquiries on drug and alcohol program violations using the Clearinghouse system:

  • Starting January 6, 2023, there is now 3 years’ worth of data in the Clearinghouse, and manual inquiries are no longer needed.
  • Clearinghouse queries will now meet the drug and alcohol section of the employment verifications under CFR 391.23 (e).
  • Oral fluid testing will now be accepted starting June 1, 2023. Compared to urine testing, it’s more economical and can be done in full view of the medical officer. This greatly reduces the chances of cheating.
  • With this new process, employers are no longer required to contact a driver’s previous employers to check for drug and alcohol program-related concerns as part of the pre-employment check.
  • Generating reports on drug and alcohol program violations is now automated. It also contains a more detailed and wider range of information for the use of prospective employers.
  • Employers will also be notified of any changes in the Clearinghouse data of their drivers. This allows you to verify information related to your queries.

These changes have already been rolled out at the time of this writing, and these will make the Clearinghouse pre-employment process more efficient and reliable.

With the new system, you’ll be able to conduct background investigations more efficiently, make more informed decisions, and reduce the time taken to fill positions to ensure your business operates as usual.

What Do the New Drug and Alcohol Regulations Say?

The regulation states that employers are no longer required to conduct manual inquiries with previous employers for pre-employment verification.

Since there are now 3 years of data in the Clearinghouse, this will be the sole source of reports on drug and alcohol program violations, testing history, and others.

Streamlining this process helps you make quicker and more informed hiring decisions that can benefit your business.

Does the Annual Query Qualify?

There are no changes when making annual queries. Changes only apply to pre-employment queries.

The annual query process and requirements remain the same. This means employers need to conduct queries annually for every driver with a commercial driver’s license (CDL) they employ, as stated in CFR 382.701 (b).

However, employers must still ensure they comply with the DACH regulation when conducting an annual query. This means obtaining written or electronic consent from applicants before accessing their data and only using it for hiring decisions.

What Is the Owner-Operator/Employer’s Responsibility?

As the business owner or employer, you’re responsible for the following:

  • Hiring only CDL drivers registered to the Clearinghouse.
  • Conducting pre-employment Clearinghouse queries to prevent hiring any CDL drivers with drug and alcohol program violations.
  • Conducting annual queries on the CDL drivers under your employment to ensure drug and alcohol Clearinghouse information on these employees exists.
  • Retaining 3 years’ worth of updated data related to an employee’s drug and alcohol program and information on related query history.
  • Obtaining electronic consent from the prospective driver before making a Clearinghouse query.
  • Ensuring data from pre-employment queries are used only for decisions related to their hiring process.
  • Staying updated on guidelines or policy changes to make sure you hire the right drivers, meet compliance requirements, and avoid any penalties.

What Is My Driver’s Responsibility?

Drivers also have a responsibility in the Clearinghouse pre-employment process. If they want the opportunity to be employed, they should do the following:

  • Register to the FMSCA Clearinghouse as required for all CDL drivers.
  • Ensure that their Clearinghouse data is accurate.
  • Provide electronic consent for prospective employers or general consent for current employers to access their Clearinghouse data for pre-employment or annual query purposes.

What If I Haven’t Met This Requirement For All New Drivers?

If you haven’t met the drug and alcohol program pre-employment query requirements for all new drivers, you must rectify this as soon as possible.

Failure to meet your responsibilities as an employer can result in penalties from the USDOT.

The FMCSA has extended the compliance date to November 18, 2024, for State Driver Licensing Agencies (SDLAs) to transition to the new query process. However, it is still prudent to stay compliant as early as now.

By ensuring you keep your Clearinghouse data up to date and conducting pre-employment queries, you contribute to road safety by preventing drivers with drug and alcohol program violations from taking the wheel.

How Does This Affect 2023 Compliance for Drug and Alcohol Regulations?

The updates on the Clearinghouse query are only for the pre-employment process when hiring prospective drivers.

Employers must still adhere to the governing laws and regulations on drugs and alcohol. The Clearinghouse supports these laws and regulations by making it easier for employers and medical officers to conduct background checks to keep roads as safe as possible.

Employers are expected to comply with the relevant regulations and guidelines to reduce potential risks and penalties.

Do I Still Need To Contact My Driver’s Previous Employer For Drug and Alcohol Program Violations?

No. According to the updated regulations, the Drug and Alcohol Clearinghouse is the exclusive source for employers to identify potential drivers with drug and alcohol offenses. This rule went into effect on January 6, 2023.

However, employers are still required to gather other related information outlined in the DOT Regulation 49 CFR Part 391.23.

Stay Updated To Remain Compliant

The FMCSA will continue to review and update the rules on pre-employment inquiries as needed. It is best to take proactive steps to ensure you are in compliance with the updated regulations to avoid any potential penalties.

With DOT Compliance Group, we are dedicated to helping employers stay informed and compliant with the latest FMCSA rules. We provide you with the necessary tools and resources to make sure your business runs smoothly and efficiently.

By taking the necessary steps now, you can be sure that your business is compliant with the new Clearinghouse query changes for 2023.

Contact us today at https://dotcompliancegroup.com/ to get started!‌

FAQ

What Happens If You Fail a DOT Inspection?

If the vehicle or driver is deemed unsafe, they may be placed out of service, meaning the vehicle cannot operate until all violations are properly corrected.

Who decides which level of inspection to perform?

Both the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration have a part in DOT inspection levels. The CVSA develops the criteria and sets the procedures for every inspection level. The FMCSA establishes overall regulations and determines which vehicles must be inspected.

How often do DOT inspections happen?

DOT inspections can happen at any time. They most commonly happen during roadside stops and weigh stations. Carriers with higher risk, poor safety records, or hazardous material may be inspected more frequently.

What documents are required during an inspection?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

What are common DOT inspection violations?

According to the FMCSA, the 5 most cited roadside violations are:

  1. False Report of Driver’s Record of Duty Status: log falsification providing inaccurate or intentionally altered duty-status information.
  2. No Record of Duty Status (ELD Required): using a commercial vehicle without the required electronic logging device or valid time records.
  3. Inoperable Required Lamp: crucial lights (headlights, brake lights, turn signals, etc.) are not functioning properly.
  4. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License (CDL)
  5. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection: failure to meet FMCSA the maintenance standards of a required annual inspection.

Why is updating VMT important for compliance?

VMT is tracked to determine fuel tax obligations (Vehicle Miles Traveled Tax) used for road maintenance and improvements. Trucking companies must keep accurate records of VMT to ensure they pay the correct amount of taxes.

How often should VMT be updated?

For motor carriers VMT must be updated every two years along with the MCS-150 form for the Biennial Update.

Can VMT be tracked automatically with technology?

Yes, Electronic Legging Devices (ELDs), Fleet Management Apps, and Mileage Tracking Software are all technological advancements that can simplify the process of VMT tracking.

How does VMT affect taxes and fuel reporting?

Accurate VMT records help document mileage for business-related tax deductions, ensuring compliance with IRS regulations. It also supports fuel tax reporting by tracking the miles each vehicle travels in different jurisdictions, which is essential for state and federal fuel tax calculations. Proper tracking reduces errors, prevents penalties, and provides a clear record of operational costs.

How do I know when my Biennial Update is due?

  • Your filing schedule depends on the last two digits of your USDOT number. The last digit corresponds with what month the form needs to be filed in. January is 1, February is 2, March is 3, etc. The next to last digit determines the year (odd-numbered year or even numbered year). For example, DOT number 1234567 files their biennial update in July (7) of every even year (6). Contact us today to see if you’re due.

Does the Biennial Update cost money to file?

While you can file your Biennial Update yourself for no cost through FMCSA. The process can often be confusing and time-consuming. Our team can handle your filing for you, simplifying the process for you.

Do intrastate carriers need to file the update?

Yes, even if carriers stay within state lines, a biennial update is still needed for their USDOT number.

What happens if I miss my filing deadline?

  • Failure to complete biennial update to FMCSA can be subject to fines with a maximum penalty of $10,000. If your update is past due, you can still file it to restore your compliance status. Contact us today to file your form! https://dotcompliancegroup.com/bu-update/ 

What are the new FMCSA rules in 2025?

  1. Civil Penalty Amount Increases
  2. Drug & Alcohol Clearinghouse Becomes Exclusive Source for checking driver history.
  3. ELD Technology Required
  4. SMS (Safety Measurement System) Modernization
  5. Crash Preventability Determination Program Expanded

When do the 2025 FMCSA regulations take effect?

The confirmed dates these regulations take effect is May 30, June 23, October 1, 2025.

How can trucking companies prepare for these changes?

Regularly reviewing your Safety Measurement System (SMS) scores and maintaining personal checklists for inspections, driver qualification files, and drug and alcohol testing helps catch issues before they affect audits. Partnering with DOT Compliance Group streamlines filings, reporting, and ongoing monitoring, taking the guesswork out of FMCSA regulations and keeping your operation audit-ready year-round.

What Triggers a DOT Compliance Review?

A DOT compliance review is triggered when FMCSA wants to ensure a carrier is following safety regulations. Common triggers include high SMS safety scores, a history of crashes or violations, and previous noncompliance. Staying proactive with accurate records, driver files, and regular internal audits helps reduce the likelihood of a review.

Where can I get help with FMCSA filings?

DOT Compliance Group can assist with any help or questions you may have about FMCSA filings. Call 972-476-9962.

How long are violations kept on record?

According to the Clearinghouse rules, drug and alcohol violations remain in the FMCSA Clearinghouse for five years, provided all requirements (such as completing the return‑to‑duty process) have been met before that period ends.

What if an employer makes a mistake in reporting?

In practice, correcting an employer reporting error typically involves identifying the mistake in the database and then submitting a request for correction through the Clearinghouse portal or FMCSA procedures, so the record reflects accurate information. 

What are the penalties for non-compliance?

FMCSA rules allow civil penalties for non‑compliance, and separate authorities note that employers who fail to meet Clearinghouse requirements may face civil fines or criminal penalties under federal regulations.

Do trucking companies check the Clearinghouse?

Yes — trucking companies check the Clearinghouse as part of their hiring and compliance process. The FMCSA Clearinghouse is designed so employers can search a driver’s drug and alcohol violation records before permitting them to operate a commercial vehicle. Employers are required to conduct these queries for both prospective and current drivers as part of compliance.

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