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Mandatory Requirement:
Employers must conduct annual limited queries for their CDL drivers to comply with FMCSA regulations.
Exclusive Source:
The Clearinghouse is the sole platform for employers to find information on driver drug and alcohol violations for prospective drivers.
Annual Queries:
You must run a query for each employee at least once within a rolling 12-month period.
Driver Consent:
Drivers must provide consent before a limited query (general) and a separate consent for a full query (detailed information).
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Guidance:
Section 382.703(a) states “No employer may query the Clearinghouse to determine whether a record exists for any particular driver without first obtaining that driver’s written or electronic consent.” The type of consent required depends on the type of query.
For a limited query, a general consent is required. This is obtained outside the Clearinghouse. Employers may obtain a multi-year general consent from the driver for limited queries. A sample limited consent form from the Federal Motor Carrier Safety Administration (FMCSA) is available.
For a full query, the driver must provide specific consent to the employer prior to each full query. This consent must be provided electronically within the Clearinghouse.
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Consequences of Non-Compliance:
Failure to conduct required queries can result in fines of up to $2,500 per violation.
How to Conduct a Query:
Log in to your FMCSA Clearinghouse account, access your dashboard, and go to the Queries section to conduct a query.
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What is a query?
A query is an electronic check in the Clearinghouse, conducted by an employer or their designated C/TPA, to determine if current or prospective employees are prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to unresolved drug and alcohol program violations.
There are two types of queries, limited queries (which satisfy the annual query requirement) and full queries (which include all pre-employment queries). All queries require driver consent; the type of consent depends on the query type.
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Limited queries check for the presence of information in the queried driver’s Clearinghouse record. Driver consent is obtained outside the Clearinghouse.
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Full queries will disclose to employers and C/TPAs detailed information about any resolved or unresolved violations in a driver’s Clearinghouse record. The driver’s specific electronic consent in the Clearinghouse is required.
If a limited query returns a result that there is information recorded in the Clearinghouse about the queried driver, and the employer follows up with a full query to access the detailed violation information, the employer will only be charged once for both queries.
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