Reporting Test Refusals to the Clearinghouse

As established by 49 CFR 382.705, employers and medical review officers (MROs) are required to report violations of FMCSA’s Drug and Alcohol Testing Policy in the FMCSA CDL Drug and Alcohol Clearinghouse. This includes reporting test refusals.

The lists below show the types of refusals that must be reported to the Clearinghouse, and by whom. Review the information below and take appropriate actions to ensure that you and your company are fulfilling your Clearinghouse requirements.

Employers must report the following test refusals:

• Failure to appear at a urine collection site when directed to report
• Failure to remain at the urine collection site
• Failure to provide a urine specimen
• Failure to permit a monitored or observed urine collection
• Failure or refusal to take an additional drug test the employer or collection as directed
• Failure to cooperate with any part of the urine collection process
• For an observed collection, failure to follow the instructions to raise and lower clothing and turn around
• Possesses or wears a prosthetic or other device that could be used to interfere with the collection process
• Admits to the collector to having adulterated or substituted the specimen

MROs must report the following test refusals:

Failure to provide a sufficient amount of urine

• Failure to undergo a medical examination or evaluation the MRO or employer has directed
• Adulterated or substituted urine specimen

Download the “How to Report a Violation” job aids for Employers and MROs for more details.

For more information on fulfilling your Clearinghouse requirements, visit the Clearinghouse Learning Center.

Reminders for MROs: Are Your Qualifications Current?

To remain eligible to act as an MRO in the DOT drug testing program, you have a continuing obligation to comply with the MRO qualification requirements in § 40.121, including credentials, basic knowledge, qualification training, requalification training, and documentation. Failure to comply with these requirements, at any time, will render you unqualified to perform MRO services for the DOT program.

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, including the latest information on the impacts of COVID-19 on DOT drug and alcohol testing requirements for service agents.If you are not receiving these updates, subscribe today.

Questions?

Review the Frequently Asked Questions or contact us.

Email sent: 12/8/2021