As an employer, do I have to report positive drug or alcohol tests to the government?

Under the federal regulations, 49 CFR Part 382 from the Federal Motor Carrier Safety Administration (FMCSA), motor carriers, medical review officers, and consortium/third-party administrators are required to report FMCSA testing violations to the CDL Drug and Alcohol Clearinghouse occurring since January 6, 2020.

In addition, motor carriers must continue to follow any state-reporting requirements that may predate the Clearinghouse but have not been rescinded:

• California, Oregon, and Washington — Each requires medical review officers, breath alcohol technicians, and/or consortia to report positive tests to the state.
• North Carolina — Employers must report all positive drug or alcohol test results under Parts 382 or 655 to the Division of Motor Vehicles in writing, within five business days of the employer’s receipt of confirmation of a positive test or refusal to participate in the test.
• South Carolina — Effective January 1, 2009, all employers must report to the South Carolina Department of Motor Vehicles (SCDMV) verified positive drug tests or positive alcohol confirmation tests, refusals to provide a specimen for a drug or alcohol test under 49 CFR Part 40, or submission of an adulterated, diluted positive, or substituted specimen for all employee or applicant commercial driver’s license (CDL) holders. Employers must submit form CDL-18 to SCDMV within three business days and must maintain a copy of this notification for three years.
• Texas — A motor carrier registered with the Texas Department of Transportation must report all valid positive drug test results under the Part 382 regulations to the Texas Department of Public Safety.
• Arkansas — An Arkansas employer must report to the Office of Driver Services (within three business days) all valid positive and refusal to provide specimen results for post-accident (Sec. 382.303) and random (Sec. 382.305) alcohol testing for all Arkansas-issued commercial driver’s license (CDL) holders it employs in safety-sensitive transportation jobs for which drug and alcohol testing is required according to the Federal Motor Carrier Safety Regulations (FMCSRs). An Arkansas employer must report to the Office of Driver Services (within three business days) all valid positive drug test results for marijuana metabolites, cocaine metabolites, amphetamines, opiate metabolites’ or phencyclidine, all refusals to provide a specimen for drug testing, or the submission of an adulterated, diluted positive, or substituted specimen for all Arkansas-issued CDL holders employed in safety-sensitive transportation jobs for which drug and alcohol testing is required according to the FMCSRs. An Arkansas employer must submit a request for information (with an authorization signed by the employee) for each employee subject to drug and alcohol testing. The employer must retain this information for at least three years. An employee may also submit a signed request his/her own information. A consortium/third party administrator must meet these reporting requirements for an Arkansas employer or employee who holds an Arkansas-issued CDL. The definition of an employer includes an individual who holds an Arkansas-issued CDL and is self-employed in a safety-sensitive transportation job for which drug and alcohol testing is required according to the FMCSRs.
• New Mexico — When a medical review officer makes a determination of a valid positive test result, he/she must report the findings to the state. The state will enter the result in the commercial driver’s license information system (CDLIS).

For more information on these reporting requirements, click on the following links and scroll down to the Drug & Alcohol Testing section:

• California North Carolina South Carolina
• Oregon
• Washington
• Texas Arkansas New Mexico