A key role involving refusals to test is reporting the violation to the Drug and Alcohol Clearinghouse.
In the case of drug testing:
- If the Designated Employer Representative (DER) makes the determination, the carrier must report the refusal to the Clearinghouse within three business days.
- If the Medical Review Officer (MRO) makes the decision, they must report it to the Clearinghouse within two business days.
For alcohol testing, the motor carrier reports all refusals to test within three business days since there is no MRO involved. This includes the medical opinion when a shy lung episode has no medical explanation.
Several refusal-to-test situations require the DER to make a judgment call. The DER must know the criteria that qualifies each and report any instances to the Clearinghouse that they deem to be a violation.
