Who Reports Violation Information
(Each report specific types of violation information)
- Employers
- Medical Review Officers (MRO)
- Substance Abuse Professional (SAP)
Employers, medical review officers, and substance abuse professionals all must be registered in the FMCSA Clearinghouse in order to report violation information. Registration assistance is available from ClearinghouseServices.com.
All DOT drug and alcohol testing violations are reported to the Drug and Alcohol Clearinghouse (DACH). Violations include drug test positives, alcohol test positives, refusals to test, and actual knowledge of drug or alcohol use while working. After a violation, Return to Duty Process information is also reported to the DACH.
For all violations for owner-operators, the owner-operator must designate a C/TPA(s) to report the violation on the single driver operator. Owner-operators must comply with all Clearinghouse requirements imposed on both employers and employees.
Violations reported by the employer:
- An alcohol positive is a DOT breath alcohol confirmation test with an alcohol concentration of 0.04 or greater.
- Refusals to test such as failure to appear at a urine collection site when directed to report, failure to remain at the collection site until the testing process is complete, failure to provide a specimen, failure to permit a monitored or observed collection, possessing or wearing a prosthetic or device that could be used to interfere with the collection, admitting to the collector to having adulterated or substituted the specimen.
- Actual knowledge is the direct observation by the employer of a driver using drugs or alcohol. A traffic citation for driving under the influence of alcohol or drugs while operating a commercial motor vehicle is also actual knowledge.
Drivers with violations will be required to go through the Return to Duty process with a Substance Abuse Professional (SAP). The SAP will clear the driver to return to duty with a required return to duty test and a schedule of follow-up testing. Employers or their C/TPA’s have a responsibility to report the following:
- The negative result of a return to duty test
- The date of the final Follow Up test as part of the return to duty process.
Violations reported by the MRO:
- A drug positive is a DOT urine specimen that has tested positive to contain controlled substances, that has been confirmed by an MRO.
- Refusals to test due failure to provide a sufficient amount of specimen, substituting or attempting to substitute a specimen, adulterating or attempting to adulterate a specimen, failure to undergo a medical evaluation if directed to by MRO or employer, admitting to the MRO to having adulterated or substituted the specimen.
Information reported by the SAP:
- The date of the initial evaluation with the donor
- The date the donor is determined eligible to Return to Duty
Violations can be reported by logging in to your DACH account. Under My Dashboard, go to Violations then Report a Violation. RTD information can be reported under My Dashboard, go to RTD Process then Report RTD Information.
Certain violations are required to be reported by the employer, assistance for reporting these violations is available from ClearinghouseServices.com.
