FMCSA rule 49 CFR 382.719 sets out when information about a driver's drug or alcohol violation is no longer available to an employer that queries the Drug and Alcohol Clearinghouse. All four of these conditions must be met:
1. The substance abuse professional (SAP) reports the information required by 49 CFR 382.705(d), including the date the driver became eligible for return-to-duty testing
2. The employer reports that the driver's return-to-duty test results are negative
3. The driver's current employer reports that the driver has completed all follow-up tests prescribed in the SAP report
4. Five years have passed since the date of the violation determination
Paragraph (b) states that the violation remains available to querying employers until all of these requirements are met. This means a violation can stay visible for more than five years if the return-to-duty or follow-up steps are not finished.
Paragraph (c) lists exceptions, including removal of certain employer reports after a successful petition under 49 CFR 382.717. Paragraph (d) states that FMCSA may still use removed information for research, auditing or enforcement purposes.
The SAP process is the first step toward clearing a violation. SAPs who conduct DOT evaluations, and C/TPAs that help employers report to the Clearinghouse, are listed in the MyDrugTesting.com directory.
Sources: 49 CFR 382.719, 49 CFR 382.705, 49 CFR 382.717
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