What changed

FMCSA released Q3 2025 Clearinghouse statistics on October 8, 2025. Pre-employment full query volume reached 2.1M for the trailing 12 months, up 6% year-over-year. The increase reflects both fleet growth and improved compliance with the §382.701(a) requirement.

Refusal-to-test results climbed to 23% of all disqualifying findings - exceeding marijuana-positive results in three of the four trailing quarters. The pattern reflects driver awareness that test refusal triggers the same Clearinghouse "prohibited" status as a positive, but without the laboratory cost.

Why refusals matter

A refusal to test under 49 CFR §40.191 includes failing to provide a specimen, leaving the collection site, providing an adulterated sample, and failing to follow the collection protocol. Each refusal is reported to the Clearinghouse the same as a positive test.

Drivers in the RTW (return-to-work) process face the same SAP-evaluation, education, and follow-up testing requirements regardless of whether the disqualifying event was a positive test or a refusal.

How to handle refusals at the carrier

Establish a clear refusal-handling protocol. The collection site documents the refusal; the carrier reports to Clearinghouse within 3 business days under §382.705. The driver is removed from safety-sensitive duty immediately and stays out until completing the §40.281 SAP RTW process.

Pre-employment refusals are particularly common with drivers who already know they would test positive. The pre-employment Clearinghouse full query catches drivers in active "prohibited" status before they're hired, but a recent refusal that hasn't been reported yet is harder to catch.

What to do next

Audit your Clearinghouse query log. Confirm a query was run for every driver hired in the past 12 months. Document the result in the DQ file. Our /guides/drug-alcohol-consortium-for-owner-operators page covers the full Clearinghouse framework.