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
What is the FMCSA Clearinghouse for?
The FMCSA established the Clearinghouse rule to require mandatory use of the Clearinghouse for employers to report and collect information about a driver’s drug and alcohol history and violations. The Clearinghouse will contain violations per the FMCSA regulations, including any positive drug or alcohol test results and test refusals. The database provides real-time access, helping employers identify drivers who aren’t legally permitted to operate a commercial motor vehicle (CMV), thus further protecting their company by filtering out employees who could pose a dangerous risk.
What is FMCSA compliance?
The Federal Motor Carrier Safety Administration holds motor carriers and drivers responsible for meeting safety standards and regulations. Carriers can find their data stored on FMCSA’s Safety Measurement System (SMS), which they use to track the number, severity, and date of safety violations, as well as crash and inspection data. Data is derived from unsafe driving, crash indicator, Hours of Service (HOS) compliance, vehicle maintenance, controlled substances/alcohol, hazardous materials compliance, and driver fitness. The FMCSA makes available a compliance manual to help companies operating CMVs comply. The FMCSA Compliance Manual can be downloaded here.
What is considered actual knowledge of a Clearinghouse violation?
Employers who have actual knowledge that a driver has used alcohol or controlled substances in violation of Subpart B of Part 382 must report such violations to the Clearinghouse, in accordance with § 382.705(b)(4). Service agents, such as a consortium/third-party administrator (C/TPA), acting on the employer’s behalf may also report actual knowledge violations, as long as they comply with the reporting requirements in § 382.705(b)(4). Actual knowledge, as defined in § 382.107, is based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substances use, except as provided in § 382.121.