FREQUENTLY ASKED QUESTIONS (FAQs)

FMCSA COMPLIANCE FAQS

Got questions about FMCSA compliance, drug testing, or the Return-to-Duty process?

Below are answers to the most common questions we receive from CDL drivers, employers, owner-operators, and SAPs.

What is FMCSA compliance?

Q.

A. FMCSA compliance refers to following federal regulations under 49 CFR Part 40, including drug & alcohol testing requirements for CDL drivers, trucking companies, and safety-sensitive employees.

Q. Who is required to follow FMCSA drug & alcohol testing regulations?

A. CDL drivers, trucking companies, owner-operators, and employers in safety-sensitive industries (such as pipeline, transit, and rail).

Q. What are the different types of FMCSA drug & alcohol tests?

A. FMCSA requires:
✔ Pre-Employment Drug Testing – Before starting a safety-sensitive job
✔ Random Testing – Conducted throughout the year
✔ Post-Accident Testing – Required after certain crashes
✔ Return-to-Duty Testing – After a DOT violation & completed SAP process
✔ Follow-Up Testing – A mandatory monitoring plan for drivers who return to work

Q. What happens if a CDL driver fails a DOT drug or alcohol test?

A. The driver is placed in prohibited status in the FMCSA Clearinghouse and must complete the Return-to-Duty process before legally driving again.

Q. What is the FMCSA Drug and Alcohol Clearinghouse?

A. The Clearinghouse is a secure online database providing real-time information on commercial driver’s license (CDL) holders' drug and alcohol violations. It enables employers, state licensing agencies, and law enforcement to check CDL and commercial learner’s permit (CLP) holders for compliance with federal regulations.

Q. What type of violations are recorded in the Clearinghouse?

A. The Clearinghouse records positive drug or alcohol test results, test refusals, and violations that involve actual knowledge, where a driver is observed to be using alcohol or drugs while on duty.

Q. How do I check my FMCSA Clearinghouse status?

A. Log in to the FMCSA Clearinghouse portal to view your violation history and "Prohibited" status.

Q. What happens if my CDL is downgraded?

A. If your CDL is downgraded, it will be converted to a standard driver’s license, restricting you from operating commercial vehicles. You must complete the RTD process and get out of prohibited status to regain your commercial driving privileges. After getting out of prohibited status, you will need to contact the DMV or state driver's license agency to reinstate your CDL.

Q. What is the FMCSA Return-to-Duty process?

A. The Return-to-Duty process requires:
✔ SAP Evaluation – A Substance Abuse Professional (SAP) must assess you
✔ SAP Program Completion – Education/treatment as required by the SAP
✔ Return-to-Duty Drug Test – A directly observed urine test
✔ FMCSA Clearinghouse Update – Your status changes to "Not Prohibited"
✔ Follow-Up Testing Plan – Mandatory tests while employed in a safety-sensitive role

Q. Can I return to work while still in the FMCSA Clearinghouse?

A. No. A driver cannot perform safety-sensitive functions until their status changes from "Prohibited" to "Not Prohibited."

Q. Can I get a violation in the Clearinghouse without using drugs or alcohol?

A.

Yes, it is possible. Here are some scenarios:

Disputes with Testing Staff: Arguments or altercations with staff at the drug testing facility can lead to a refusal designation, resulting in a violation.
Refusing an Observed Test: If the lab requires an observed test and the driver refuses to comply, this counts as a refusal and leads to a violation.
Leaving During Testing: If a driver leaves the facility after signing in but before testing (e.g., stepping out for a call or cigarette), it could be marked as a refusal, leading to a violation.

Q. How do I remove a "Prohibited" status from the FMCSA Clearinghouse

A. Complete your SAP program, pass a FMCSA Return-to-Duty test, and follow all compliance requirements.

Q. What happens if I fail the Return-to-Duty drug test?

A. You must restart the SAP process from the beginning before testing again.

Q. How can your company help me get out of Prohibited status?

A.

The FMCSA recently opened it up for consortium/third party administrator's to be able to assist CDL/CLP holders with Step 5 of the RTD process by acting as a Consortium/Third-Party Administrator (C/TPA). Our company, Life on the Road Recruiting & Transportation Services is a DOT registered Consortium/Third-Party Administrator listed in the FMCSA Drug & Alcohol Clearinghouse. Here is how we help drivers that currently are Prohibitied in the Clearinghouse:

Retrieve SAP paperwork and keep it on file
Guide them through the Clearinghouse setup and designation process
Manage and arrange RTD drug testing and report negative results to the Clearinghouse
Send your SAP completion paperwork and Follow-up testing plan once you find a trucking (or other DOT Related company) to work for.
We cannot perform your Follow-up Drug Tests in Step 6. This MUST be completed under a DOT authorized company.

Q. How does GetOutOfProhibited.com support drivers after they complete Step 4 of the Return-to-Duty process?

A. We handle Step 5, including:
✔ Scheduling and managing the Return-to-Duty drug test
✔ Ensuring proper lab staffing for observed collections
✔ Updating the FMCSA Clearinghouse to transition the driver’s status from "Prohibited" to "Not Prohibited."

Q. What demographics do you serve, and can you support drivers across the U.S.?

A. Yes, we work with drivers nationwide, offering personalized services tailored to their unique situations, regardless of location.

Q. How do you minimize callbacks and questions from drivers about their status?

A. We provide clear, step-by-step guidance so drivers know exactly what to expect, reducing the need for unnecessary calls to SAPs after Step 4.

Q. How quickly can you help drivers complete Step 5 and get back to work?

A. On average, we complete Step 5 within 7 days (after receiving the necessary paperwork from the SAP and a negative drug test result).

Q. How can becoming a partner benefit me as a SAP?

A. As a preferred SAP partner:
✔ You will be added to our trusted SAP list that is shared with drivers starting the process
✔ Increases your visibility and client base

Q. How do I send drivers to your service after they complete Step 4?

A. Simply share our contact information or direct them to our website. Once connected, we handle the rest of the process seamlessly.

Q. Does your service include Step 6, the Follow-Up Testing Plan management?

A.

NO. FMCSA regulations require that Step 6 follow-up testing be conducted by an employer while the driver is performing safety-sensitive functions.

However, if FMCSA regulations change to allow C/TPAs to manage Step 6 in the future, we will immediately notify our drivers and SAP partners

Q. Do owner-operators need to be in a drug & alcohol testing program?

A. Yes. Owner-operators must be enrolled in a FMCSA-compliant drug & alcohol testing program and be part of a random testing pool managed by a C/TPA.

Q. What happens if an owner-operator fails a DOT drug test?

A. If an owner-operator fails or refuses a DOT drug test, they will be placed in "Prohibited" status in the FMCSA Clearinghouse. They must:

✔ Complete the SAP process
✔ Pass a Return-to-Duty drug test
✔ Undergo follow-up testing per SAP guidelines

Q. Can a trucking company conduct its own random drug testing program?

A. Yes, but most trucking companies use a Consortium/Third-Party Administrator (C/TPA) to manage random drug & alcohol testing compliance, ensuring drivers are tested per FMCSA requirements.

Q. What is a Consortium/Third-Party Administrator (C/TPA), and why do I need one?

A. A C/TPA manages your FMCSA drug & alcohol testing program, including:

✔ Random drug testing program management
✔ FMCSA Clearinghouse recordkeeping & compliance assistance
✔ Scheduling DOT drug & alcohol tests for drivers
✔ Managing employer reporting requirements

Q. What are the benefits of enrolling in a C/TPA?

A. FMCSA compliance is easier with a C/TPA because:

✔ You don’t have to manage random testing yourself
✔ Your company stays compliant with federal regulations
✔ You get real-time updates about FMCSA regulation changes

Q. How do I enroll my trucking company in a FMCSA-compliant drug testing program?

A. Call our compliance team at (832) 572-5277 for assistance in setting up your FMCSA drug & alcohol testing program.

NEED MORE ANSWERS? READ FMCSA FAQ'S

Still have questions about FMCSA compliance, Return-to-Duty, or drug & alcohol testing? Click below to visit FMCSA's official FAQ page for more details.

READ FMCSA FAQs HERE

FREQUENTLY ASKED QUESTIONS (FAQs)

FMCSA COMPLIANCE FAQS

What is FMCSA compliance?

Q.

A.

FMCSA compliance refers to following federal regulations under 49 CFR Part 40, including drug & alcohol testing requirements for CDL drivers, trucking companies, and safety-sensitive employees.

Q.

Who is required to follow FMCSA drug & alcohol testing regulations?

A.

CDL drivers, trucking companies, owner-operators, and employers in safety-sensitive industries (such as pipeline, transit, and rail).

Q.

What are the different types of FMCSA drug & alcohol tests?

A.

Q.

What happens if a CDL driver fails a DOT drug or alcohol test?

A.

The driver is placed in prohibited status in the FMCSA Clearinghouse and must complete the Return-to-Duty process before legally driving again.

Q.

What is the FMCSA Drug and Alcohol Clearinghouse?

A.

Q.

What type of violations are recorded in the Clearinghouse?

A.

The Clearinghouse records positive drug or alcohol test results, test refusals, and violations that involve actual knowledge, where a driver is observed to be using alcohol or drugs while on duty.

NEED MORE ANSWERS? READ FMCSA FAQ'S

Want to receive SMS/Text Messages from the LOTR Recruiting & Transportation Services Team?