By the close of the third business day after learning of it, the employer (or its designated C/TPA) must report (49 CFR 382.705(b)):

• An alcohol confirmation test result of 0.04 or higher.
• A refusal to take an alcohol test (49 CFR 40.261).
• A refusal to take a drug test that does not require an MRO determination (49 CFR 40.191).
• Actual knowledge of on-duty or pre-duty alcohol use, alcohol use after an accident, or controlled substance use, with supporting evidence.
• A negative return-to-duty test result.
• Completion of all follow-up tests in the SAP's plan.

The MRO, not the employer, reports verified positive, adulterated, or substituted drug results and MRO-determined refusals, within 2 business days. The employer remains responsible for its reports even when a C/TPA files them.