Can a C/TPA Report to the FMCSA Clearinghouse for an Employer?

Yes. Under 49 CFR 382.705(c), "Any employer may designate a C/TPA to perform the employer requirements" for reporting to the FMCSA Drug and Alcohol Clearinghouse. Regardless of whether it uses a C/TPA, the employer "retains ultimate responsibility for compliance" with that section.

The employer reports listed in 382.705(b) include alcohol confirmation results of 0.04 or greater, negative return-to-duty results, refusals to test listed in the rule, the actual-knowledge violations listed in 382.705(b)(4), which cover on-duty, pre-duty and post-accident alcohol use and controlled substance use, and the completion of follow-up testing. These reports are due by the close of the third business day after the employer obtains the information or actual knowledge. Under 382.705(a)(1), the MRO reports verified positive, adulterated and substituted controlled substances test results, and the refusal-to-test determinations the MRO makes, to the Clearinghouse within 2 business days of the verification or determination. Under 382.705(b)(6), an employer who employs himself or herself as a driver must designate a C/TPA to make these reports about his or her own alcohol and controlled substances use, and the employer does not retain responsibility for that reporting.

Under 49 CFR 382.711, each employer and service agent must register with the Clearinghouse before accessing or reporting information. The employer's registration identifies any C/TPA it uses and authorizes the C/TPA to query or report information, and the employer updates changes within 10 days. A C/TPA's registration lists the people authorized to report and obtain information, and the C/TPA verifies those names annually.

Employer query duties are covered in What Drug and Alcohol Clearinghouse Queries Must Employers Run?.

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