Who reports violations to the Clearinghouse?

Under FMCSA regulations, an employer must request a pre-hire MVR in all states where a CDL license was held within the previous 3-year period, and then annually as part of the employee’s annual review process.

 A Motor Vehicle Record (MVR) pulls information regarding a driver’s history from a state’s Department of Motor Vehicles (DMV). This is part of the background check process for those who work in the transportation industry that aims to help employers hire applicants who have a reliable driving record and maintain safety and compliance on our roads.

 A Motor Vehicle Record (MVR) pulls information regarding a driver’s history from a state’s Department of Motor Vehicles (DMV). This is part of the background check process for those who work in the transportation industry that aims to help employers hire applicants who have a reliable driving record and maintain safety and compliance on our roads.

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