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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

Document
FMCSA-D&A-CLEAR-382-FAQ009tmw.docx (21.26 KB)

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
Effective Date: Wednesday, January 8, 2020
Issued Date: Wednesday, January 8, 2020