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Question 1: What are the repercussions if an employer does not meet the required timeframe for reporting a violation?
Guidance: The employer may still report the drug and alcohol program violation even if the required timeframe has passed. However, the Clearinghouse captures the date the violation was reported. This information may be reviewed during an investigation of the employer’s operations and compliance with the Federal Motor Carrier Safety Regulations. See 49 CFR 382.705(b).
Question 2: How are substance abuse professionals (SAPs) required to use the Clearinghouse?
Guidance: SAPs must use the Clearinghouse to report specific information about a CDL driver’s return-to-duty (RTD) activities. This information includes the date of the initial SAP assessment, and the date the SAP determines that the driver is eligible for RTD testing, per §382.705(d).
Question 3: What identifying number should be documented for drivers in the Clearinghouse?
Guidance: The current paper versions of the CCF and ATF specifically permit the use of either the driver’s social security number (SSN) or an employee identification number (EIN). However, under §382.705, the driver’s commercial driver’s license (CDL) number and the state of issuance must be used in place of the SSN or EIN when reporting to the Clearinghouse.
Question 4: Should an employer report to the Clearinghouse the results of a test conducted under the authority of another U.S. Department of Transpiration (DOT) agency?
Guidance: No. Only Part 382 drug and alcohol program violations may be reported to the Clearinghouse.
The Federal Drug Testing Custody and Control Form (CCF) specifies the DOT agency requesting the test, and employers may only report to the Clearinghouse a positive result when FMCSA is agency designated on the CCF.
Question 5: How do owner-operators meet their Clearinghouse obligations?
Guidance: An owner-operator (an employer who employs himself or herself as a CDL driver, typically a single-driver operation) is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must designate a consortium/third-party administrator (C/TPA) to comply with the employer’s Clearinghouse reporting requirements (§382.705(b)(6)).
Question 6: Can an employer or medical review officer (MRO) enter a drug and alcohol program violation in a CDL driver’s Clearinghouse record if the driver is not registered for the Clearinghouse?
Guidance: Yes. When a violation is entered, the Clearinghouse associates it with a driver’s commercial driver’s license (CDL) information. This will be recorded even if the driver has not registered for the Clearinghouse. When an employer queries a driver’s information in the Clearinghouse (with the appropriate consent), they will enter the driver’s CDL information to verify if any violations are associated with that driver’s CDL.
A driver is required to enter their CDL information during their Clearinghouse registration. This allows them to view any violation or return-to-duty (RTD) information associated with their CDL.
Question 7: Should a medical review officer (MRO) report a negative-dilute test result in the Clearinghouse?
Guidance: No. The only negative test result reported to the Clearinghouse is a negative return-to-duty (RTD) result, which is reported by the employer or C/TPA in accordance with 382.705(b)(1)(ii) or (b)(6). If the employer receives a negative-dilute RTD result from the MRO, the employer or C/TPA would report it to the Clearinghouse as a negative RTD result.
Question 8: Can an employer, consortium/third-party administrator (C/TPA), or medical review officer (MRO) modify or delete violation information they have reported?
Guidance: Yes. The reporting entity, and any Clearinghouse Assistants that entity has, can modify or delete violation information they have reported. Employers and their Assistants can also modify or delete violation information reported by their designated C/TPAs. The driver will receive a notification about the initial violation report, as well as any modifications to the record. See 49 CFR 382.707.