Ask X3What does 49 CFR 382.705 (Reporting to the Clearinghouse) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 382.705 requires for motor-carrier owners:
Under 49 CFR 382.705, specific entities (Employers, Medical Review Officers [MROs], Substance Abuse Professionals [SAPs], and C/TPAs) must report driver drug and alcohol testing results and violations to the Clearinghouse within strict timelines:
* Medical Review Officers (MROs): Must report verified positive, adulterated, or substituted controlled substances test results and certain MRO-determined refusals to test within 2 business days of making the determination. If they change a result, they must report the change within 1 business day.
* Employers: Must report the following information by the close of the third business day after obtaining the information:
* Alcohol confirmation test results of 0.04 or higher.
* Negative return-to-duty test results.
* Refusals to take an alcohol or drug test (as specified in the regulation).
* Successful completion of all follow-up tests as prescribed in the SAP report.
* Actual knowledge of on-duty alcohol use, pre-duty alcohol use, alcohol use following an accident, or controlled substance use.
*(Note: Motor-carrier owners retain ultimate compliance responsibility, even if using a C/TPA to submit reports).*
* Substance Abuse Professionals (SAPs): Must report driver assessment and return-to-duty completion information by the close of the business day following the initial assessment or the successful completion determination.
* Truth and Accuracy: Every person or entity reporting must do so truthfully and accurately and is strictly prohibited from reporting false or inaccurate information.