REPORTING POSITIVE DOT DRUG AND ALCOHOL TESTS TO STATE CDL AGENCIES

The Office of Drug and Alcohol Policy and Compliance (ODAPC) published an Interim Final Rule (IFR) in the Federal Register [No. 73, Vol. 115, Pg. 33735], permitting state commercial drivers license (CDL) issuing authorities to receive commercial motor vehicle (CMV) driver positive and refusal drug and alcohol test results from employers without driver written consent. The IFR also permits these state licensing authorities to receive owner-operator positive and refusal results from Consortia/Third Party Administrators (C/TPA’s).

So, when a state law requires employers and C/TPA’s for owner-operators, to report the CMV driver ‘Positive’ and ‘Refusal’ results for tests conducted under FMCSA 49 CFR Parts 382 and FTA 655 to a state licensing authority, there are no barriers, real or perceived in part 40, preventing them from doing so. Hopefully, with these restrictions more states will be encouraged to adopt the reporting into law.

Seven States (AR, CA, NC, OR, SC, TX and WA) have enacted legislation or issued regulations that require employers, Medical Review Officers (MRO), or Breath Alcohol Technicians (BAT) to report positive DOT drug and alcohol tests to a State agency. The requirements apply to DOT drug and alcohol tests conducted on individuals who hold a Commercial Driver’s License (CDL) issued by the State.

In California, the licensing agency is the Department of Motor Vehicles (DMV). California requires that Consortium's provide a statistical summary report to the California Highway Patrol for every positive DOT drug and alcohol (>0.04 BrAC) test conducted on a CA CDL holder. The statistical report does not include any individual test identification information (e.g. driver name, CDL license number, SSN, etc.); only the date and reason for the test, the drug(s) detected, and the alcohol level >0.04 BrAC. California also requires additional employer reporting of several types of bus and transit vehicle drivers who receive positive drug and alcohol test results.
John Lipp
Operations