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 required information to the FMCSA Clearinghouse. Test and violation information must be recorded correctly in Med-Stop. You are responsible for keeping applicant and employee information up to date. If any pre-employment or return-to-duty tests are performed outside Med-Stop and must also be reported to the FMCSA Clearinghouse, enter them in Med-Stop.

Reporting timeframe

Employers must report required information about a driver to the FMCSA Clearinghouse by the close of the third business day after they obtain that information. If there is a delay, you must provide an explanation.

Reporting refusal to test determined by DER

For DER-determined refusals, the Test Result determination process asks whether you want to report the result to the FMCSA Clearinghouse right away. Any unreported tests that must be reported to the FMCSA Clearinghouse appear 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 must be reported to the FMCSA Clearinghouse also appear on the Med-Stop Welcome screen. The reporting process is the same as for 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 those 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, information from 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.

Because reporting Actual Knowledge violations to the FMCSA Clearinghouse requires detailed violation information and supporting documentation, audio, and video recordings, Med-Stop does not report them to the FMCSA Clearinghouse. You are responsible for reporting them directly using your company FMCSA Clearinghouse account. You can use Med-Stop to record the violation and mark it as reported to the FMCSA Clearinghouse.