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If a driver violated the drug and alcohol program prior to January 6, 2020, but the employer did not obtain actual knowledge (as defined in § 382.107) of the violation until January 6, 2020 or later, is the employer required to report the violation to the

Guidance on reporting actual knowledge violations to the Clearinghouse before January 6, 2020

Question

If a driver violated the drug and alcohol program prior to January 6, 2020, but the employer did not obtain actual knowledge (as defined in § 382.107) of the violation until January 6, 2020 or later, is the employer required to report the violation to the Clearinghouse?

Guidance

No. The Clearinghouse serves as a repository for records of drug and alcohol program violations occurring on or after January 6, 2020; therefore, employers may report only actual knowledge of violations occurring on or after that date.

Regulatory Topic: Guidance on reporting actual knowledge violations to the Clearinghouse before January 6, 2020
Published Date: Wednesday, January 8, 2020
Issued Date: Wednesday, January 8, 2020