Do employers have to query the Clearinghouse?
Yes. Under 49 CFR 382.701, an employer of CDL drivers must:
- Run a full pre-employment query before a driver first performs safety-sensitive functions for the company.
- Run a query at least once a year for every driver subject to drug and alcohol testing. A limited query is enough unless it shows that information exists.
- Keep a record of each query and the information received for 3 years. An employer with a valid Clearinghouse registration meets this requirement.
An employer must not let a driver perform safety-sensitive functions if the query shows an unresolved violation.