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What Violations Must Be Reported to the Drug & Alcohol Clearinghouse?

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by Larry Barton, Risk Management Specialist, Joe Morten & Son Inc.

Recently, with the start of the Drug & Alcohol Clearinghouse, I have had a few motor carriers reach out to ask me what violations the motor carrier must report to the Clearinghouse, and how violations should be reported. Both are great questions!

Here is a list of violations motor carriers must report:

  • 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 of a drug or alcohol violation, as defined in 49 CFR § 382.107.

Remember motor carriers must report any drug and alcohol program violation by the close of the third business day following the date on which the motor carrier obtained the information. How to report violations is detailed in a user guide provided by the Federal Motor Carrier Safety Administration (FMCSA) at the following website: https://clearinghouse.fmcsa.dot.gov/.

This list is not all-inclusive.

Do you have questions on this or other topics? If so, please contact:

Larry Barton
Risk Management Specialist
l.barton@joemorten.com
Joe Morten & Son, Inc. | Great West Casualty Company
10100 Global Way | Suite 200 | Knoxville, TN 37932

This material is intended to be a broad overview of the subject matter and is provided for informational purposes only. Great West Casualty Company does not provide legal advice to its insureds or other  parties, nor does it advise insureds or other parties on employment-related issues, therefore the subject matter is not intended to serve as legal or employment advice for any issue(s) that may arise in the operations of its insureds or other parties. Legal advice should always be sought from legal counsel. Great West Casualty Company shall have neither liability nor responsibility to any person or entity with respect to any loss, action, or inaction alleged to be caused directly or indirectly as a result of the information contained herein.Reprinted with permission from Great West Casualty Company.

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