Reporting Violations to the FMCSA Clearinghouse
The FMCSA Drug and Alcohol Clearinghouse only works if the right people report the right things on time. The rule that says who reports what is 49 CFR 382.705. This guide breaks it down for employers, owner-operators, and safety managers.
Updated September 28, 2026 · Checked against the federal regulations
What employers must report
Employers of CDL drivers must report certain test results and refusals themselves. The deadline is the close of the third business day after the date you got the information.
Employers do not report drug test positives. The Medical Review Officer (MRO) does that. More on that below.
- An alcohol confirmation test result of 0.04 or higher.
- A refusal to take an alcohol test (under 49 CFR 40.261).
- A drug test refusal that does not need an MRO decision, such as not showing up for a test or leaving the site before the test is done.
- A negative return-to-duty (RTD) test result.
- The driver's successful completion of all follow-up tests in the SAP's plan.
Actual knowledge violations
Some violations are reported without any test at all. If you have "actual knowledge" that a driver broke a rule, you must report it by the close of the third business day after you learned of it.
Actual knowledge comes from four places only: your direct observation of alcohol or drug use, information from a previous employer, a traffic citation for driving a CMV under the influence, or the driver's own admission (with a narrow exception for qualified self-identification programs under 382.121).
Seeing signs that justify a reasonable suspicion test is not the same thing. Direct observation means seeing the actual use.
Your report must include the date you learned of it, a description, witnesses if any, supporting evidence, and proof you gave the driver a copy of what you reported.
- Using alcohol while on duty (382.205).
- Using alcohol within 4 hours before duty (382.207).
- Using alcohol after an accident before the required test (382.209).
- Using a controlled substance (382.213).
What MROs and SAPs report instead
The MRO reports verified positive, adulterated, and substituted drug test results. The MRO also reports refusals that need a medical decision, such as a shy bladder case with no valid medical reason. The deadline is within 2 business days of the MRO's decision. If the MRO changes a result, the change must be reported within 1 business day.
The Substance Abuse Professional (SAP) reports two things. First, the date of the driver's initial assessment, by the close of the next business day. Second, the date the driver was found eligible for return-to-duty testing, by the close of the business day after that decision.
Owner-operators and C/TPAs
Any employer may use a consortium/third-party administrator (C/TPA) to report for it. But the employer still has final responsibility for getting it right.
Owner-operators are different. If you employ yourself as a CDL driver, you must designate a C/TPA to handle the employer reporting about your own violations. In that case, the rule says the owner-operator does not keep that reporting responsibility.
For a refusal where an owner-operator did not show up when called by a C/TPA, the report must include proof of the notice and proof the C/TPA was authorized to act for that owner-operator.
Late reports, non-DOT tests, and accuracy
If you miss the three-day deadline, FMCSA says you may still report. But the Clearinghouse records the date you reported, and that date may be reviewed in an investigation.
Only DOT tests go in the Clearinghouse. Results or refusals from company (non-DOT) tests may not be reported.
Everyone who reports must report truthfully. Knowingly reporting false information is prohibited.
Pact Compliance can serve as the designated C/TPA that handles Clearinghouse reporting for owner-operators and small fleets.
Common questions
How long do employers have to report a violation to the Clearinghouse?
By the close of the third business day after the date you obtained the information. For actual knowledge violations, the clock starts on the date you obtained actual knowledge.
Does the employer report a positive drug test?
No. The MRO reports verified positive, adulterated, and substituted drug test results, within 2 business days of verification.
Who reports for an owner-operator?
An owner-operator must designate a C/TPA to meet the employer reporting requirements for his or her own drug and alcohol use (382.705(b)(6)).
Can I report a positive result from a non-DOT company test?
No. Only DOT drug and alcohol tests and refusals may be reported to the Clearinghouse.
Is a negative test ever reported?
Yes, one kind. The employer (or its C/TPA) reports a negative return-to-duty test result. Other negative results are not reported.
What if I report late?
You may still submit the report. The Clearinghouse captures the date it was reported, and FMCSA may review that during an investigation.
Sources
- 49 CFR 382.705 Reporting to the Clearinghouse (eCFR)
- 49 CFR 382.107 Definitions (actual knowledge)
- FMCSA Clearinghouse FAQ: Reporting Violations