If a motor carrier has a drug-free workplace (non-DOT) testing program in addition to its DOT (Part 382) testing, and drivers in safety-sensitive positions are in participating in both, a non-DOT test result is not reported to the Clearinghouse by the Medical Review Officer. There are no DOT consequences for failing the test. However, an admission by a CDL-positioned driver to using drugs as defined in 40.3 following a failed non-DOT test qualifies as actual knowledge (see definition in 382.107). This incident is reported to the CDL Drug and Alcohol Clearinghouse by the employer.