What violations are the employer or designated C/TPA required to report to the FMCSA Clearinghouse?

• An alcohol confirmation test with a concentration of 0.04% or higher
• Refusal to test (alcohol) as specified in 49 CFR 40.261
• Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR 40.191
• Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a controlled substance
• Negative RTD test results (drug and alcohol testing, as applicable)
• Completion of follow-up testing

You can use Med-Stop to report all required information to the FMCSA Clearinghouse. The test, violation information has to be properly recorded in the Med-Stop system. You are responsible for keeping your applicant, employee information up to date. If there are any pre-employment or return-to-duty tests that are performed outside of the Med-Stop system and should also be reported to the FMCSA Clearinghouse - you have to enter them into the Med-Stop.

Reporting timeframe

Employers must report required information about a driver to the FMCSA Clearinghouse by the close of the third business day following the date on which they obtained that information. In case of the delay, you will have to provide an explanation for it. 

Reporting refusal to test determined by DER

For DER-determined refusals, the Test Result determination process will also ask if you want to report the result to the FMCSA Clearinghouse right away. All not reported tests that have to be reported to the FMCSA Clearinghouse are listed on the Med-Stop Welcome screen in the "Abnormal Urine Drug and Alcohol Tests" section.

Opening the test window gives you the option to submit the required report to the FMCSA Clearinghouse.

Reporting other required tests

Tests recorded in Med-Stop or entered using the "New Test" screen that should be reported to the FMCSA Clearinghouse will also show on the Med-Stop Welcome screen and the reporting process is the same as for the test refusals. 

Reporting Actual Knowledge

Employers who have actual knowledge that a driver has used alcohol or controlled substances in violation of Subpart B of Part 382 must report such violations to the Clearinghouse, in accordance with § 382.705(b)(4). Actual knowledge, as defined in § 382.107, is based on the employer’s direct observation of the employee, the information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substances use, except as provided in § 382.121.

As reporting the Actual Knowledge violations to the FMCSA Clearinghouse requires detailed violation information as well as the documentation, audio, video recordings,  Med-Stop does not report them to the FMCSA clearinghouse and you are responsible for reporting them directly using your company FMCSA Clearinghouse account. Using med-Stop you can record the Violation itself and mark it as reported to the FMCSA clearinghouse.

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