When a CDL driver violates DOT drug and alcohol regulations, the Return-to-Duty (RTD) process becomes mandatory. During this time, employers play a crucial role in ensuring full compliance with FMCSA requirements—most of which are monitored through the FMCSA Drug & Alcohol Clearinghouse.
At Delivered2Choices, we work closely with CDL drivers and employers to help them understand every step of the Clearinghouse process. This ensures drivers return to work legally, safely, and with complete confidence.
This detailed guide explains how employers use the Clearinghouse during the Return-to-Duty process, what information they must report, and how each step impacts a CDL driver’s eligibility.
What Is the FMCSA Clearinghouse?
The FMCSA Drug & Alcohol Clearinghouse is an online federal database that stores drug and alcohol violation records for CDL drivers. It allows employers, SAPs, enforcement officers, and state agencies to instantly check whether a driver is allowed to perform safety-sensitive functions.
Focus Keyword: How employers use the Clearinghouse during the Return-to-Duty process
Why the Clearinghouse Matters in the Return-to-Duty Process
The Clearinghouse ensures that:
- Drivers who violate DOT drug/alcohol rules cannot return to duty until all RTD steps are completed
- All employers can see real-time violation and completion updates
- DOT compliance is transparent, secure, and traceable
- Unsafe drivers cannot move between companies without completing RTD requirements
The Clearinghouse protects companies from liability and ensures roads remain safe.
What Triggers an Employer’s Use of the Clearinghouse?
An employer must use the Clearinghouse when:
- A driver has a positive drug test
- A driver fails (0.04+ BAC) or refuses an alcohol test
- The employer has actual knowledge of drug/alcohol use
- A driver is going through the RTD process and can view updates
- A driver completes RTD testing and follow-up testing Plan
These events must be reported accurately by the employer or their C/TPA.
Employer Responsibilities During the RTD Process
Employers have multiple responsibilities that must be handled inside the Clearinghouse. Below is a step-by-step breakdown.
1. Reporting the Violation in the Clearinghouse
Employers must report:
- Positive drug test results (or the MRO)
- Alcohol test failures (or the MRO)
- Refusals (or the MRO)
- Actual knowledge violations (or the MRO)
Once entered, the violation appears immediately on the driver’s Clearinghouse profile.
2. Removing the Driver From Safety-Sensitive Duties
Once a violation occurs, employers must:
- Remove the driver immediately
- Ensure no driving or DOT-regulated work is performed
- Document the removal
This is one of the most important steps in DOT compliance.
3. Providing the Driver RTD and SAP Provider Options
Employers must notify the driver that they must:
- Select a DOT-qualified SAP (either provide the driver a SAP list or inform driver to conduct their own internet search)
- Begin the official RTD process
- Complete all education, treatment, and follow-up tests
Employers may also guide drivers to trusted RTD support providers like Delivered2Choices.
4. Monitoring SAP Enrollment and Progress
Employers can log into the Clearinghouse to check whether:
- The driver has selected a SAP
- The SAP has completed the initial evaluation
- SAP portion of the RTD process is complete
The Clearinghouse keeps employers updated throughout the process. (Only if the driver allows employer consent)
5. Verifying SAP Completion & RTD Eligibility
When the SAP marks the driver as RTD eligible, employers will see:
- SAP portion of program completed
- Driver can now take a Return-to-Duty test
- All steps prior to RTD testing are complete
No employer can proceed until SAP finalizes step 4.
6. Conducting the Return-to-Duty Test
Employers must ensure:
- The RTD drug test is conducted under direct observation
- The test is performed by a certified lab
- The test result is negative before returning the driver to work
This negative test result, prior to returning a driver to work, is a critical DOT requirement.
7. Updating the Clearinghouse After RTD Test
Once the driver tests negative, employers must report:
- Successful Return-to-Duty test completion
- The driver’s last follow-up test
Without this update, the Clearinghouse will still show the driver as “no completed.”
8. Reporting Completion of Follow-Up Testing
The SAP creates a follow-up testing plan (1–5 years). Employers must:
- Conduct all required tests
- Report the last completed test
- Ensure zero missed or skipped tests
Once the entire follow-up testing plan is finished, employers must update it in the Clearinghouse.
Clearinghouse Query Requirements for Employers
Employers must run two types of mandatory queries:
Pre-Employment Query
Before hiring any driver, employers must check:
- Unresolved RTD violations
- Clearinghouse status
- Eligibility to operate a CMV
Annual Query
Every employer must run a limited annual query on all current CDL drivers.
If a driver has an RTD process that is not complete, they are legally prohibited from driving.
How Long Clearinghouse Records Stay Visible
Violations remain in the Clearinghouse for five years, or until:
- The driver completes the last of the follow-up tests (whichever is later)
- Completes the entire follow-up testing plan
If the process is not completed, the violation stays in the database indefinitely.
How Delivered2Choices Helps Drivers & Employers Stay Compliant
At Delivered2Choices, we guide CDL drivers through every step of their Return-to-Duty journey, including:
- Connecting drivers with a DOT-qualified SAP Evaluator
- Monitoring drivers as they complete SAP recommendations
- Clearinghouse registration guidance
- Step-by-step RTD assistance
- Education & monitoring support
- Quick Clearinghouse updates and compliance help
We also assist employers who want to ensure full FMCSA compliance.
FAQs: How Employers Use the Clearinghouse During the RTD Process
1. What role do employers play in the Return-to-Duty Clearinghouse process?
Employers can report violations (mostly done by the MRO), monitor SAP progress (if the driver gives consent), run queries (consent needed), and record RTD and follow-up test results.
2. Can a driver return to work before the Clearinghouse shows them as eligible?
No. Employers are legally prohibited from assigning safety-sensitive work until the Clearinghouse shows full RTD compliance.
3. Who updates the driver’s RTD eligibility in the Clearinghouse?
The SAP updates eligibility, while employers update RTD test results and follow-up completions.
4. What happens if an employer forgets to run a Clearinghouse query?
They may face serious DOT penalties, fines, and compliance violations.
5. Do Clearinghouse violations ever disappear?
Yes, but only after the driver completes the entire RTD process and follow-up testing plan, or after 5 years—whichever is later.
Return to Duty the Right Way — Start With Delivered2Choices
A Clearinghouse violation can pause your CDL career, but with the right guidance, you can return to work quickly and confidently.
Delivered2Choices helps CDL drivers complete SAP steps, pass their RTD test, and update Clearinghouse records without stress or confusion.
Start your Return-to-Duty process today with Delivered2Choices—and get back on the road safely, legally, and fast.
