What Clearinghouse queries are required under 49 CFR 382.701?

Short answer

Two types of queries are required: a pre-employment query and an annual query. The pre-employment query must be a full query, while the annual query can be a limited query, which may be followed by a full query if the limited query indicates the presence of information in the Clearinghouse.

The rule says

"Employers must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query of the Clearinghouse..." (49 CFR 382.701(a)(1))

"Employers must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing under this part..." (49 CFR 382.701(b)(1))

In plain English

The pre-employment query is a full query that requires the driver's specific consent and releases information in the Clearinghouse to the employer. The annual query can be a limited query, which only indicates whether there is information in the Clearinghouse about the driver, without releasing the information itself. If the limited query shows that there is information, the employer must conduct a full query within 24 hours. This process helps ensure that employers are aware of any potential issues with their drivers and can take steps to address them.

What to do

• Conduct a pre-employment full query of the Clearinghouse for all new drivers before allowing them to perform safety-sensitive functions.
• Conduct an annual query of the Clearinghouse for all current drivers, which can be a limited query.
• If the limited query indicates the presence of information, conduct a full query within 24 hours to obtain the details.
• Ensure that all drivers provide specific consent for the queries, as required by the regulations.