What Must a Motor Carrier Report to the Clearinghouse about Drivers?

Motor carriers are one of three groups that report to the FMCSA Drug and Alcohol Clearinghouse. MROs report verified drug test results and SAPs report return-to-duty milestones, but the carrier carries its own reporting duties under 49 CFR 382.705(b). This FAQ covers the carrier's side.

Test results and refusals, by the third business day. A carrier reports the following by the close of the third business day after it obtains the information (49 CFR 382.705(b)(1)):

• An alcohol confirmation test result of 0.04 or greater
• A negative return-to-duty test result
• A refusal to take an alcohol test under 49 CFR 40.261
• A drug test refusal determined by the employer under the listed paragraphs of 49 CFR 40.191. For a refusal based on admitting adulteration or substitution, the carrier reports only admissions made to the collector.
• A report that the driver completed the full follow-up testing plan in the SAP report

Refusals based on adulterated or substituted specimens are verified and reported by the MRO, not the carrier. The DOT drug test refusal FAQ explains the refusal categories.

Data in each report. Each report includes, as applicable, the reason for the test, the driver's name, date of birth, CDL number and State of issuance, the carrier's name, address and USDOT number, the test date, the date the result was reported, and the result (49 CFR 382.705(b)(2)).

No-show refusals need documentation. For a refusal based on failing to appear for a test, the carrier submits a contemporaneous record of when the driver was notified and where and when the driver was told to appear, or an affidavit. It also submits, if applicable, the date the driver was terminated or resigned, proof that a C/TPA was authorized to act for a self-employed driver, and a certificate of service or other evidence showing that the driver received the documents (49 CFR 382.705(b)(3)).

Actual knowledge violations. A carrier that obtains actual knowledge of on-duty alcohol use, pre-duty alcohol use, alcohol use after an accident, or controlled substance use reports it by the close of the third business day (49 CFR 382.705(b)(4)). The report includes the date of knowledge, witnesses, a description of the violation, supporting evidence such as affidavits, photographs or recordings, and proof that the driver received a copy (49 CFR 382.705(b)(5)).

Accuracy. Reports must be truthful and accurate, and a carrier may not report information it knows or should know is false or inaccurate (49 CFR 382.705(e)). Self-employed drivers use a C/TPA for their reporting (49 CFR 382.705(b)(6)).

What carriers do not report. The carrier does not report verified positive drug results, because the MRO reports those within 2 business days (49 CFR 382.705(a)). It also does not report SAP assessment dates, which the SAP enters (49 CFR 382.705(d)).