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6.5.4 Carrier Reporting Responsibilities When a Driver Tests Positive
Employers are required to report driver drug and alcohol program violations in the FMCSA Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse) per 49 CFR 382.705. See the table below for employer reporting responsibilities. For step-by-step instructions, see Reporting Violations for Employers.
Type of Driver Violation | Motor Carrier Responsibility |
|---|
| 0.04 or Higher Alcohol ConcentrationRefusal to test (alcohol) as specified in 49 CFR 40.261Refusal to test (drug) not requiring determination by the MRO as specified in 49 CFR 40.191Actual knowledge of a drug or alcohol violation as defined in 49 CFR 382.107 | The employer must immediately remove the employee involved from any safety-sensitive functions. Do not wait for written verification of the test results. For full explanation, see 49 CFR 382.501, 49 CFR 40.23, Subpart B - Employer Responsibilities.
Employers must report any drug and alcohol program violation information to the Clearinghouse by the close of the third business day following the date on which the employer obtained the information. |
Medical review officers (MROs) are also required to report driver drug and alcohol program violations in the Clearinghouse per 49 CFR 382.705. Employers will not enter a violation that has been entered in the Clearinghouse by an MRO. See the table below for MRO reporting responsibilities. For step-by-step instructions, see Reporting Violations for MROs.
Type of Driver Violation | Medical Review Officer Responsibility |
|---|
| Verified positive, adulterated, or substituted drug test resultRefusal to test (drug) requiring a determination by the MRO as specified in 49 CFR 40.191 | MROs must report results within two business days of making a determination or verification of a DOT-required drug test.
Any changes to the results of a verified drug test must be reported to the Clearinghouse within one business day of making the changes. |
Disclaimer
This publication is distributed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA). It is meant to serve as a guide only and the Agency does not assume responsibility for any omissions, errors, or ambiguity contained herein. The contents may not be relied upon as a substitute for the Agency’s
published regulations.