FMCSA Updates Drug and Alcohol Clearinghouse After discovering Self-Certification Loophole Used by Uncertified Individuals

The Federal Motor Carrier Safety Administration launched its Drug and Alcohol Clearinghouse in early 2020 to give employers, law enforcement, and state agencies real-time access to substance-use violations by commercial drivers. Truckers flagged with a prohibited status after driving under the influence or violating Transportation Department rules must complete a six-step return-to-duty process before their commercial licenses are reinstated.

Brandon Blackburn, 34, was arrested last year on charges of driving while impaired in a construction zone with cocaine in his possession, according to the Prentiss County Sheriff's Department.

Blackburn told The Epoch Times that another man who runs a trucking company and advertises substance abuse professional services cleared his prohibited status in the clearinghouse. Blackburn admitted to The Epoch Times that he cleared drivers flagged for drug or alcohol violations even though he lacked the required certification.

He said some drivers he assisted had licenses incorrectly flagged and described himself as a small participant in a network that operates like a multilevel marketing scheme.

Jo McGuire, executive director of the National Drug and Alcohol Screening Association, told The Epoch Times the activity sent shockwaves through the industry. In late 2024 the FMCSA updated the clearinghouse to immediately downgrade a commercial driver's license upon a prohibited flag.

The return-to-duty process requires a driver to pass a drug or alcohol test at step five before completing follow-up testing in step six.

Step five records only a testing date rather than a verified negative result, and the employer or designated third-party administrator enters that date. Drivers without current or prospective employers can register as owner-operators and designate third-party administrators.

Employers, substance abuse professionals, and third-party administrators were required only to self-certify in the database with no identity verification.

By law a substance abuse professional must be a licensed physician, social worker, psychologist, certified employee assistance professional, certified drug and alcohol counselor, or state-licensed marriage and family therapist. Blackburn and others operated multirole accounts as substance abuse professionals, third-party administrators, and employers, according to evidence reviewed by The Epoch Times.

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He said the scheme is easy to locate through a basic Google search and that participants take a cut when referred drivers use their services. Blackburn charged around $100 for his services and never more than $150. A legitimate return-to-duty program with a certified substance abuse professional costs between $1,000 and $3,000.

A total of 368,984 violations have been reported to the clearinghouse since its launch, including 360,107 drug violations and 8,877 alcohol violations, according to the most recent monthly summary report. As of Jan. 2, 328,431 drivers had been reported with at least one violation, and 202,345 remained in prohibited status.

The drug violations include 206,394 for marijuana, 57,075 for cocaine, and 29,017 for methamphetamine. Blackburn said several others in the network are more prolific and continue to operate.