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Positive Drug Test Notification: Employer Response Basics

Need to respond to a DOT drug or alcohol violation? Start by confirming what was reported and who is responsible for the next step. A laboratory screen is not the same as an MRO-verified positive drug test. Keep the driver’s result and related records in authorized, secure channels.

1. Remove the driver from safety-sensitive work

After a verified positive DOT drug test, a reportable alcohol result, or another DOT drug-and-alcohol violation, do not allow the driver to perform safety-sensitive functions until the required return-to-duty process is complete. See FMCSA’s failed-or-refused-test guidance.

2. Check who reports to the Clearinghouse

Do not assume the employer reports every positive result. Under 49 CFR 382.705, the medical review officer (MRO) reports verified positive DOT drug tests. The employer reports specified events, including alcohol tests at 0.04 or higher and certain refusals and actual-knowledge violations. Check the event and deadline before submitting anything; a consortium or third-party administrator may assist, but the employer remains responsible for its employer-side reports.

3. Give the driver the required next-step information

Provide a list of readily available, acceptable substance abuse professionals (SAPs) at no charge, as required by 49 CFR 40.287. The driver must complete the applicable evaluation and return-to-duty steps before resuming safety-sensitive work. Document notices and actions in the proper restricted records, not a public web form.

Looking for program support? See LBC Fleet’s DOT drug-testing service overview for scheduling and administrative support. That service overview does not replace the MRO’s role or the employer’s legal duties.

This page is a process overview, not a notification form or a submission portal. Verify the current rules and your carrier’s procedures for the specific event.

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