Some CDL holders may lose their license on 11/18/2024!
If a CDL holder fails a DOT Drug and Alcohol (D&A) test or refuses to take one, the employer or prospective employer is required to enter this information into the DOT’s Drug and Alcohol Clearinghouse.
At that point the driver is prohibited from driving a CDL required vehicle. Once the driver completes the return-to-duty process and testing requirements the employer is required to report that to the Clearinghouse as well.
Employers are required to search the Clearinghouse when hiring a new driver and at least annually for all employed CDL drivers. If the Clearinghouse shows the driver has a violation and has not completed their return-to-duty requirements, they cannot drive a CDL required vehicle.
On 11/18/2024 a CDL holder who is in Prohibited Status in the Clearinghouse will have their CDL downgraded to a standard license and therefore cannot operate a CDL required vehicle.1
Impact on your organization
There are currently 168,645 CDL holders in Prohibited Status in the Clearinghouse.2 These drivers will have their license downgraded in November if they have not completed their Return-to-Duty process and testing requirements. Organizations should be concerned that they may not be aware that some of their drivers have had their CDL downgraded. Not having the proper license will result in DOT violations and increase an organization’s liability if that driver is involved in an accident.
Additionally, if drivers have not received treatment for their addiction and completed the return-to-duty process, employers run the risk of these drivers operating company vehicles while under the influence.
If you have been searching the Clearinghouse when hiring drivers, and annually thereafter, the probability will be lower that one of your drivers is in prohibited status. If you have not been checking the Clearinghouse as required, affected drivers may quit when they receive notice of the downgrade; or these drivers may continue to drive without informing you of their prohibited status.
Actions to take now
- If you are not familiar with Clearinghouse requirements take the time to get up to speed now by reviewing the resources below.
- Inform drivers of this pending change and the consequences of the CDL downgrade.
- Conduct a Clearinghouse check of all CDL holders to determine their status now. Drivers who are unqualified to drive due to past violations should be removed from driving duties immediately. Clearinghouse checks are $1.25 per driver.
- Consider subscribing to an MVR continuous monitoring service that tracks all changes in license status. As CDLs are downgraded the subscriber will be alerted.
Non-CDL drivers
While this change does not impact non-CDL drivers, organizations should be cautious of drivers who formerly possessed a CDL and no longer do; particularly if the CDL was downgraded in November. Investigation is warranted to ensure a driver with a substance abuse problem is not placed in a driving position. Best practice is to have a D&A testing program that applies to all drivers, not just CDL holders.
Resources
If you are unfamiliar with DOT Drug & Alcohol testing requirements for CDL holders, or the Clearinghouse, check out these resources.
- Drug & Alcohol Testing Requirements for Organizations with CDL Drivers
- FMCSA Overview of Drug & Alcohol Rules for Employers
- Drug & Alcohol Clearinghouse Overview
- FMCSA D&A Clearinghouse Website
- FMCSA D&A Clearinghouse – CDL Downgrades Frequently Asked Questions
1 clearinghouse.fmcsa.dot.gov/content/resources/Clearinghouse-SDLA-countdown-checklist.pdf
2 April 2024 Monthly Summary Report, Drug & Alcohol Clearinghouse, U.S. Department of Transportation