Requesting violation removal
REQUESTING VIOLATION REMOVAL
What information do MROs include?
After reporting a drug and alcohol program violation in the Clearinghouse, medical review officers (MROs), employers, and consortia/third-party administrators (C/TPAs) all have the option to request that FMCSA remove that violation from the driver’s record. The requestor must provide an explanation why the violation needs to be removed.
When making this request, please be specific as to the reason, as this will aid FMCSA in determining if the violation should be removed. The following are some examples of reasons for violation removal:
- Overturned positive due to driver having a prescription – state the prescription information was verified and resulted in an overturned positive
- Medical condition (e.g., shy bladder) – provide confirmation of the medical condition to overturn the positive
- Driver is not a CDL/CLP holder – provide an explanation stating you received information from the employer or C/TPA that the driver does not hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP)
- Incorrect CDL information - provide information to show the violation was reported with the incorrect CDL information.
It is also helpful to include your contact information with the reason for your request in case there is a need for follow-up questions.
For instructions on how to request that a violation be removed from the Clearinghouse, download the How to Report a Violation: MROs job aid (see pages 7 and 8).
Reminders for MROs: Collecting Driver CDL Information
When reporting a positive drug test or test refusal in the Clearinghouse, MROs are prompted to enter and verify the driver’s CDL number and State and country of issuance. MROs cannot report a social security number to identify a driver.
As of September 1, 2020, MROs may begin using the updated Federal Drug Testing and Custody Control Form (CCF), which includes “CDL State and no.” on the line that captures donor identification information. See the recent bulletin from the U.S. Department of Transportation for more details.
Do you subscribe to ODAPC emails?
Per § 40.121(b)(3), an MRO must subscribe to receive email updates from the USDOT Office of Drug and Alcohol Policy and Compliance (ODAPC). Subscribing will help you keep current on any changes to DOT MRO Guidelines. If you are not receiving these updates, subscribe today.
Email sent: 10/21/2021
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