State DOT Drug and Alcohol Testing Reporting Requirements for CDL

State DOT Drug and Alcohol Testing Reporting Requirements for CDL

By ASAP

Note: This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.

Federal Department of Transportation (DOT) drug testing procedures provide regulations on drug and alcohol testing and are well known in the drug testing industry.  Some states tap into these regulations for DOT drug and alcohol test reporting and add additional state requirements for those employers that are required to follow them.  One additional requirement comes in the form of reporting results to state departments of transportation or DMVs for Commercial Driver’s Licenses (CDL) when there is a failed CDL drug test. This means that companies that employ certain types of drivers usually fall in line with the federal regulations, particularly, DOT drug testing procedures.  Some states tap into these regulations for DOT drug and alcohol test reporting and add additional state requirements for those employers that are required to follow them.  This means that companies that employ certain types of drivers usually fall in line with the federal regulations, particularly, DOT drug testing procedures including FCMSA Clearinghouse requirements. However, for certain states like Arkansas, California, North Carolina, New Mexico, South Carolina, Texas, and Washington drug testing results report to the state as well.   

Here are some key elements of State DOT drug testing reporting requirements to take note of.  

Who is Responsible for Reporting CDL Drug Test Results? 

It is clear that employers report their results to federal and/or the state, but the question of who does the reporting is a little trickier.  Some states require just the employer to make the report, while others require it of the medical review officer (MRO), breath alcohol technician (BAT), third part-administrator (TPA), the laboratory, or a combination of some or all of these parties.  The following breaks it down by state: 

Arkansas – Employer and TPA 

California – Employer 

North Carolina – Employer 

New Mexico – Employer and TPA 

South Carolina – Employer must report to state; MRO and BAT must report to employer 

Texas – Employer (required); MRO, BAT, TPA, or laboratory (optional) 

Washington – Employer, MRO, and BAT 

What CDL Drug and Alcohol Test Results Must Be Reported? 

Requirements on what is reported are very similar from state to state.  In each state, alcohol positives and drug positives are reported.  However, in some states, alcohol refusals (AR, NC, NM, SC, & WA), alcohol adulterations (SC), drug refusals (AR, NC, NM, SC, & WA), and drug adulterations (AR & SC) must also be reported.  

What Types of Tests Should Be Reported? 

Depending on the state-specific drug and alcohol testing requirements, employee testing results, applicant test results, or both may be required.  Arkansas, Texas, and Washington only require employee results.  New Mexico, North Carolina, and South Carolina require all results, which would include employee and applicant testing, except that an applicant’s refusal in New Mexico and North Carolina is not considered a violation requiring a report at the state level.  

California makes no mention of which types of tests are required, meaning both are probably a good idea to include, if not required.  

When to report CDL Drug and Alcohol Test Results to the State? 

Again, the timeframe in which to report depends on the state.  New Mexico makes no mention of when reporting should be done, while the others range from 3 to 10 days. As well, some states specify business days and others do not. Washington is unusual in that it requires MROs and BATs to report results within 3 business days, but only requires that employers report results when the driver’s employment has been terminated, any grievance process has concluded, and the driver has not been cleared to return to safety sensitive functions. The following is a breakdown of each state: 

Arkansas – Within 3 business days 

California – Within 5 days 

North Carolina – Within 5 business days 

South Carolina – Within 3 business days 

Texas – Within 10 days 

When is Disciplinary Action for a Failed CDL Drug and Alcohol Test Restricted? 

In addition to reporting requirements, DOT also requires employers to take specific steps with regulated drivers who have a violation, for example test positive for drugs and/or alcohol. DOT’s requirements include removing the employee from safety-sensitive functions and referring the employee to a qualified DOT Substance Abuse Professional (SAP) who will conduct an assessment to determine if there is a substance abuse problem. The SAP will then create a treatment plan with recommendations and evaluate the driver’s progress throughout the rehabilitation process. The DOT SAP will help monitor the employee’s progress to ensure they are no longer using  and meet the SAP’s conditions to return to duty in their safety-sensitive role. 

Conclusion 

Although these are state requirements, they do not seem to stray too far from the U.S. DOT reporting requirements but there are differences under particular states to be mindful of.  And with only a short list to keep track of, state DOT reporting is relatively manageable.  In all cases though, it is always advised to seek expert advice before implementing or modifying a drug and alcohol testing program and policies. 

American Substance Abuse Professionals (ASAP) is a trusted team for over 28 years of qualified DOT SAPs and are ready to help your program thrive. Contact ASAP for more information on putting programs in place today. 

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Additional Reading: 

For information on these state laws, visit the applicable legal pages as linked below. 

Arkansas 

California 

North Carolina  

New Mexico  

South Carolina  

Texas