If you are a CDL driver, you need to be aware of the Clearinghouse rules that affect your eligibility to operate a commercial vehicle. The Clearinghouse is a database that tracks drug and alcohol violations by CDL drivers. It also records the status of drivers who are undergoing the return-to-duty process after a violation.
One of the statuses that can appear in the Clearinghouse is "prohibited". This means that the driver has either:
Tested positive for drugs or alcohol, or refused to take a test, and has not completed the return-to-duty process.
Completed the return-to-duty process, but has not provided a negative follow-up test result.
Been reported by their employer for using drugs or alcohol while performing safety-sensitive functions, or for tampering with a test.
If you are in a "prohibited" status, you are not allowed to operate a commercial vehicle until you resolve the issue. This can have serious consequences for your career and income. You may also face fines, penalties, or legal actions from your employer or the authorities.
What are the consequences of a positive test result? A positive test result means that you have violated the FMCSA's drug and alcohol regulations. Depending on the type and severity of the violation, you may be subject to:
Immediate removal from safety-sensitive functions.
Mandatory referral to a substance abuse professional (SAP).
Evaluation, education, and treatment by the SAP.
Negative return-to-duty test and follow-up testing plan.
Reporting of the violation to the Clearinghouse and your employer(s).
Suspension or revocation of your CDL license.
Civil or criminal charges.
A positive test result can also affect your reputation, your relationships, and your health. It can be a sign of a substance use disorder that requires professional help. If you test positive, you should seek assistance as soon as possible and follow the steps to regain your driving privileges.
How can I regain my driving privileges? If you are in a "prohibited" status, you must complete the return-to-duty process before you can resume driving a commercial vehicle. The return-to-duty process involves:
Consulting with a SAP who will evaluate your condition and prescribe a treatment plan.
Completing the treatment plan and any other recommendations by the SAP.
Taking a return-to-duty test that shows negative results for drugs or alcohol.
Registering your negative test result with the Clearinghouse and your employer(s).
Following a follow-up testing plan for at least 12 months after returning to duty.
The return-to-duty process can take several weeks or months, depending on your situation and progress. You are responsible for paying for the SAP services, the treatment, and the testing. You must also comply with any additional requirements imposed by your employer or the FMCSA.
Being in a "prohibited" status is not the end of your CDL career, but it can be a major setback. By following the Clearinghouse rules and staying sober, you can protect your driving privileges and your livelihood.
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