FMCSA Updates SMS Website
Pre-employment Investigations for Drug and Alcohol Program Violations
Employers of CDL drivers are currently required to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year time frame for pre-employment background investigations established in 49 CFR 391.23(e). Beginning January 6, 2023, when three years of data is stored in the Clearinghouse, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in §§ 382.413(b) and 391.23(e)(4), as it pertains to FMCSA-regulated employers. Inquiries not conducted under § 382.701(a) will not satisfy these inquiry requirements.
NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a Department of Transportation (DOT) agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii), since this information is not reported to the Clearinghouse.