Some CORSA Members have asked if the SambaSafety continuous state motor vehicle report (MVR) monitoring and/or pre-employment state motor vehicle report service fulfills a covered CDL employer's requirement to report and/or query the FMCSA Drug and Alcohol Clearinghouse. It is our understanding that it does not. State drivers license agencies (SDLAs) currently have the option to query the FMCSA Clearinghouse prior transactions, such as the issuance, transfer, and upgrade of a CDL. SDLAs will be required to conduct FMCSA Clearinghouse queries beginning January 6, 2023. Accordingly, state MVRs may, or may not, contain Clearinghouse information, but it is our understanding that obtaining a state MVR and/or SambaSafey continuous monitoring does not fulfill a covered employer's obligation to comply with the FMCSA Clearinghouse. Below is a brief overview of the FMCSA Clearinghouse with links to the US DOT's website that provides greater detail. This email is not legal advice nor should it be construed as legal advice. We strongly recommend that you consult your Prosecutor's Office or legal advisor to determine if you are subject to the FMCSA Clearinghouse and what, if any, action you need to take regarding same. The Federal Motor Carrier Safety Administration (FMCSA) recently implemented a new Drug and Alcohol Clearinghouse to identify drivers prohibited from operating a commercial motor vehicle due to a drug and alcohol program violation. Covered CDL employers are required to report drug and alcohol program violations to the FMCSA Clearinghouse and conduct queries of the Clearinghouse, which check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation-that is, a violation for which the driver has not completed the return-to-duty (RTD) process. The Drug & Alcohol Clearinghouse is a system required by the FMCSA for all CDL employers (https://clearinghouse.fmcsa.dot.gov/). Here is the direct link to the final rule: https://www.federalregister.gov/documents/2016/12/05/2016-27398/commercial-d... "The purpose of the Clearinghouse, as mandated by section 32402 of MAP-21, is to maintain records of all drug and alcohol program violations in a central repository and require that employers query the system to determine whether current and prospective employees have incurred a drug or alcohol violation that would prohibit them from performing safety-sensitive functions covered by the FMCSA and U.S. Department of Transportation (DOT) drug and alcohol testing regulations." Feel free to contact me with questions. James Hale, ARM-P, ARM-E, CPSI Risk Control Consultant County Risk Sharing Authority 209 East State Street Columbus, OH 43215 614.246.1630 FAX 614.220.0209 " The leader in providing Ohio Counties with exceptional value, service, and protection of assets." CONFIDENTIALITY NOTICE: This e-mail message (including any attachments) is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy this message and all attachments.