Who reports violations to the Clearinghouse?

Answer

Employers and Medical Review Officers (MROs) are both required to report drug and alcohol program violations in the Clearinghouse per § 382.705. Employers can hire a consortium/third-party administrator (C/TPA) in the Clearinghouse, such as DISA, to assist with meeting these reporting requirements; however, the employer retains ultimate responsibility for compliance. According to the Clearinghouse, employers are responsible for reporting the following:

    An alcohol confirmation test with a concentration of 0.04 or higher

    Refusal to test (alcohol) as specified in 49 CFR § 40.261

    Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR § 40.191

    Actual knowledge of a drug or alcohol violation, as defined in 49 CFR § 382.107

MROs are responsible for reporting the following:

    Verified positive, adulterated, or substituted drug test result

    Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR § 40.191