Who this is for: fleet managers, small fleet operators, compliance assistants
Clearinghouse Employer Checklist — What Carriers Must Do
Carriers must register in the Clearinghouse, conduct full pre-employment queries for all new CDL hires, run annual limited queries for current drivers, and report all drug and alcohol violations.
Checklist
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Pre-employment full query — required before first day
A full pre-employment Clearinghouse query must be conducted for every new CDL driver hire before they operate a CMV. The driver must provide electronic consent through the Clearinghouse portal. If the query shows a drug or alcohol violation with prohibited status, the driver cannot operate a CMV until the return-to-duty process is complete.
Annual limited query — for current drivers
Every 12 months, carriers must run an annual limited query for each CDL driver currently employed. The annual limited query does not require driver consent — it shows whether a driver has a record without showing the violation detail. If a record is found, you must request driver consent and run a full query.
Reporting violations — who is responsible and when
Carriers and C/TPAs must report violations to the Clearinghouse within 3 business days of the event. This includes positive test results, refusals, and alcohol violations at or above 0.04 BAC. The employer is responsible for reporting even if a C/TPA manages the testing program — the C/TPA typically handles reporting on the employer's behalf, but the legal obligation does not transfer. SAP referrals must be reported as well. Carriers that discover a violation but fail to report it face separate penalties for the reporting failure.
Removing a driver immediately upon a violation
As soon as a violation is discovered — whether through a Clearinghouse query, a positive test result, or a refusal — the driver must stop performing safety-sensitive functions immediately. There is no grace period to finish a run, wrap up a delivery, or complete the week. "Immediately" is the operative word in the regulation. Document the time and date the driver was removed from operation and keep that documentation in the DQ file.
Clearinghouse records in the DQ file
Query results — both pre-employment and annual — should be retained in each driver's DQ file. For pre-employment queries, the result document confirms that the required check was done before the driver's first day. For annual queries, the result shows the date of the query and whether a record was found. These documents are among the first things a compliance reviewer will look for when checking a carrier's Clearinghouse compliance.
When a driver refuses to provide consent for a full query
A driver who won't provide electronic consent for a pre-employment full query cannot be hired in a CDL-required role. There's no workaround — full queries require the driver's electronic consent through their Clearinghouse account. Document the refusal and don't allow the driver to operate. For the annual cycle, limited queries don't need consent. But if a limited query returns "record exists" and the driver then refuses consent for the required full query, that refusal is effectively a prohibition: remove the driver from CMV operation and don't allow them to return until the situation is resolved. A driver who won't let you see their record after a flag has been raised is, as a practical matter, operating while their compliance status is unknown.
Keeping your Clearinghouse driver list accurate
When a driver leaves your company, update your Clearinghouse employer account to reflect that they're no longer employed. This prevents you from receiving notifications about drivers you no longer employ and ensures the driver's record shows accurate employment history for the next carrier. When new drivers join, add them promptly so the annual query clock starts correctly. A Clearinghouse driver list that doesn't match your actual workforce makes it harder to confirm whether all required queries have been run.
Frequently Asked Questions
What happens if I run an annual query late?
A query conducted after the 12-month window is a federal violation. Complete the overdue query immediately, document the lapse, and adjust your compliance calendar. Do not skip it because it's overdue — the violation for not querying is compounded if you also never query at all.
Can a C/TPA handle all of my Clearinghouse obligations?
A C/TPA can conduct queries, submit violation reports, and manage much of the administrative side on your behalf. The legal obligation remains with the carrier. If the C/TPA misses a required query or fails to report a violation, the carrier faces the regulatory consequence — not the C/TPA. Use a C/TPA as a resource, not as a way to transfer responsibility.
How soon after a positive test must the carrier report it to the Clearinghouse?
Under 49 CFR 382.705, violations must be reported to the Clearinghouse within 3 business days of the event — including the date the MRO verifies and reports the positive result to the employer. The 3-day clock starts on the reporting date from the MRO, not from when the specimen was collected. Most C/TPAs submit the report automatically when they receive the MRO result.
What if a new driver was already employed at another carrier before joining ours — does the pre-employment query still apply?
Yes. The pre-employment full query is required for every new CDL driver regardless of prior employment, including drivers who just left another FMCSA-regulated carrier. The driver's tenure at the previous company doesn't substitute for the query. Run the full query and get consent before the first day of CMV operation.