Reminder: FMCSA Pre-employment Requirement Will Go Into Effect January 6, 2023


On November 4, 2022, the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse published information titled “Pre-employment Investigations for Drug and Alcohol Program Violations.”

The Clearinghouse notice is a reminder to certain employers regarding a change requirement that will go into effect January 6, 2023. On that date, three years of violation data will become available in the Clearinghouse and a pre-employment Clearinghouse query will satisfy the requirement to investigate whether a prospective driver had previous drug and alcohol program violations, as required by 49 CFR 391.23(e).  This query will also satisfy the requirements of 49 CFR 40.25.

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