There are two types of queries: full and limited queries. The limited queries are annually required, and full queries include all pre-employment queries. All queries need driver's consent; the type of consent depends on the query type.
Since, January 6th, 2020 starts the mandatory use of the Clearinghouse to report and query information about driver drug and alcohol program violations.
Types of queries conducted by Logiflex in accordance with § 382.701
1) Pre-employment query – Logiflex will not employ a driver without conducting first a pre-employment query of the Clearinghouse to obtain information whether the driver has a verified positive, adulterated, or substituted controlled substance test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of §382.207, used alcohol following an accident in violation of §382.209, or used a controlled substance, in violation § 382.213. Logiflex will not employ a driver who has refused to submit electronic consent through the Clearinghouse granting the company access to the specific records.
2) Full query – which releases information in the Clearinghouse to an employer and will require specific consent from each driver.
3) Annual query – at least once per year to determine whether information exists in the Clearinghouse about all the employees subject to controlled substance and alcohol testing.
4) In Lieu of a Full Query – it will require driver’s consent to conduct limited query, which will tell whether there is information about individual drivers in the Clearinghouse but will not release the information. If data exists in the Clearinghouse, Logiflex will conduct a full query within 24 hours of conducting the limited query.
Recordkeeping – Logiflex will retain for three years a record of each query and all information received in response to each query under this section.