Beginning November 18, 2024 drivers with a "prohibited" status in the clearinghouse will lose their state commercial driving privileges directly reported from the FMCSA Clearinghouse. This is a change from the present situation in which states do not currently receive this update from the clearinghouse but rather from employers concerning alcohol violations and from some Medical Review Officers (MRO) for drug violations. Depending on the MRO these drug violations may or may not be getting reported to the state because it is not an industry requirement. Some MRO's contact a few select states while another MRO may not contact any states. For your specific question on a state receiving a drug violation please contact Minert & Associates to understand how each state can vary. Minert can also assist in understanding how the employer should be reporting these alcohol violations possibly in some states.
This new action taken by the FMCSA will undoubtedly add more delay as drivers quickly try to complete substance abuse counseling in order to complete the "return to duty" (RTD) clearinghouse requirements but now must deal with the various state regulations as well. Hopefully the state government departments can update these services quickly as the drivers complete what is necessary in order to drive again. A new driver resource is available from the FMCSA to help understand this situation that involves both the clearinghouse and states.
The responsibility of reporting violations to the clearinghouse has been consistent since its inception as detailed in the employer reporting resource material . Employers or their TPA (Minert) have the responsibility to report alcohol violations, actual knowledge, or refusals. The MRO will report drug violations and situations when the donor stays at the clinic the full three hours but could not provide a specimen. Minert will always oversee the reporting for their clients so please contact their office when you have a reporting situation to receive assistance.
For additional questions please contact Minert & Associates.
