Answer

Who reports violations to the Clearinghouse?

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

The Clearinghouse is required for all Commercial Driver’s License (CDL) drivers operating Commercial Motor Vehicles (CMVs) on public roads, as well as for their employers and service agents. Examples include but aren’t limited to:

    Interstate and intrastate motor carriers, including passenger carriers

    School bus drivers

    Construction equipment operators

    Limousine drivers

    Municipal vehicle drivers (e.g., waste management vehicles)

    Federal and other organizations that employ drivers subject to FMCSA drug and alcohol testing regulations (e.g., Department of Defense, municipalities, school districts)

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.

According to the Pennsylvania Department of Agriculture, a citation matrix is in the making. The Pennsylvania SLF Quarantine Order states the following for those who are not in compliance with the required permit:

Criminal citation up to $300 per violation.

Civil penalty up to $20,000 per violation.

Revocation of permit or compliance agreement if PDA determines the holder has not complied.

For more information, you can view the Quarantine Order