A positive isn't the end. It's the start of the path back.
A positive drug or alcohol test, refusal, or actual-knowledge finding triggers immediate prohibited status under 49 CFR 382. You can't drive in a safety-sensitive role until the return-to-duty process is complete — but we manage every step. SAP referral, directly-observed RTD test ($99 all-in), 6+ follow-ups over 12 months, and Clearinghouse RTD-completion reporting. $240/yr Post SAP program covers the case management end-to-end.
- Driver removed-from-duty workflow + DER notification — same day
- SAP referral and treatment-plan coordination — confidential
- Directly-observed RTD test scheduling and execution — $99 all-in
- 6+ unannounced follow-up tests in the first 12 months, all observed
- RTD result + follow-up plan completion filed to the Clearinghouse
- Audit folder retention for the federal 5-year period per 382.711
Five paths in. Same gate out.
Per 49 CFR 382.705, the Clearinghouse accepts violation reports from MROs, employers, BAT/screening test technicians, and SAPs. Different paths in — same SAP+RTD process to get out.
Positive drug test
MRO-verified positive on a federal CCF urine test — random, pre-employment, post-accident, reasonable suspicion, or follow-up. MRO files within a few business days of verification.
Positive alcohol (≥0.04)
Confirmed BAC of 0.04 or higher on a DOT BAT. Filed by the BAT technician within 1 business day. BAC of 0.02–0.039 doesn't trigger a violation but does require 24-hour removal from duty.
Refusal to test
Failing to appear for a test, leaving the collection site, refusing to provide a sample, refusing the directly-observed collection, or providing an adulterated/substituted sample — all treated as positive. 49 CFR 40.191.
Actual knowledge
Employer's direct knowledge of prohibited use — observed on-duty consumption, admission, DUI on duty, or a citation for driving under the influence in a CMV. Employer must report within 30 days of determination.
SAP non-compliance
Failure to comply with the SAP-prescribed treatment or follow-up plan during the return-to-duty period. SAP files the report. Driver returns to prohibited status, RTD process restarts.
Effects: prohibited status
Whichever path the violation comes in through, the consequence is the same — driver is immediately prohibited from any safety-sensitive function. The violation appears in any future query and must be resolved through SAP+RTD before the driver can resume duty.
SAP. RTD. Follow-ups.
FMCSA prescribes a specific sequence — Substance Abuse Professional evaluates and clears, observed RTD test gates the return, and follow-up testing continues for at least 12 months. We can't shorten the SAP timeline, but we own everything else through our $240/yr Post SAP program.
SAP evaluation + treatment
A DOT-qualified Substance Abuse Professional evaluates, prescribes treatment or education, and after completion confirms the driver is ready for the RTD test. Most drivers complete this in 4–6 weeks. Paid to the SAP directly (~$300–$600).
Observed RTD drug test
Once SAP authorizes, we schedule the directly-observed RTD test ($99 all-in). Negative result clears the driver to return to safety-sensitive duty. Positive or refusal restarts the entire SAP process from scratch. 49 CFR 40.305.
6+ follow-ups + Clearinghouse
Minimum 6 unannounced observed tests in the first 12 months back on duty ($99 each). SAP can extend to 60 months. Negative RTD and follow-up plan completion filed to the FMCSA Clearinghouse — driver clocks down to the 5-year sunset.
How much does Clearinghouse violation management cost?
Member rates apply when the order is placed through your portal or as part of our Post SAP program. The SAP evaluation is paid directly to the Substance Abuse Professional — varies by provider but typically $300–$600. Everything else is fixed.
Member rates shown. The $933 first-year breakdown: $240 management + $99 RTD + ($99 × 6 follow-ups) = $933. SAP evaluation paid separately to the SAP provider.
Related Clearinghouse pages
- Motor carrier compliance hub — every FMCSA requirement under one roof
- Post-SAP management program — $240/yr full case management
- Return-to-duty testing — directly observed at $99 all-in, 49 CFR 40.67
- Clearinghouse services hub — full lifecycle overview
- Clearinghouse queries — pre-employment + annual queries reveal violations
- DOT drug testing overview — how violations get into the Clearinghouse in the first place
Frequently Asked Questions
What types of violations are reported to the Clearinghouse?
Per 49 CFR 382.705, the Clearinghouse tracks: confirmed positive drug test results (verified by an MRO), positive alcohol test results at 0.04 BAC or higher, refusals to test (failure to appear, leaving the site, refusing observation, adulterated/substituted samples), employer "actual knowledge" violations, and SAP-reported failures to comply with the return-to-duty plan. Each violation is reported by the entity that determined it — MRO, employer, or SAP.
How long does a violation stay on the Clearinghouse?
Per 49 CFR 382.711, a violation record remains for 5 years from the date of the violation, OR until the driver completes the full return-to-duty process — whichever is later. If a driver doesn't complete RTD, the violation stays on record indefinitely. Once RTD is complete and the follow-up plan is finished, the record clocks down to its 5-year sunset.
Can I still drive with a Clearinghouse violation?
Not in any safety-sensitive position until you've completed the full return-to-duty process: SAP evaluation, prescribed treatment or education, follow-up SAP evaluation, directly-observed RTD test with a verified negative, and ongoing follow-up testing (minimum 6 in 12 months). Driving on a violation is a federal violation and a Clearinghouse audit issue. We can connect you with a SAP and manage the entire process — see /sap-program/.
How fast does a violation hit the Clearinghouse after a positive test?
For drug tests, the MRO files the violation within a few business days of verification. For alcohol tests, the BAT or screening test administrator files within 1 business day. For employer "actual knowledge" findings (e.g., observed on-duty use, DUI conviction on duty), the employer must report within 30 days. Once reported, the driver appears as "prohibited" in any subsequent query within hours.
What's the cost to complete the return-to-duty process?
Three line items: SAP evaluation + treatment plan (paid to the SAP directly, varies by provider — typically $300-$600 for the evaluation), the directly-observed RTD test ($69 base + $30 observation surcharge = $99 all-in), and 6+ follow-up tests over 12 months ($99 each). Plus the Vertical Identity $240/yr Post SAP program management fee that handles scheduling, MRO review, follow-up tracking, and Clearinghouse RTD reporting. First-year all-in (excluding SAP fees): ~$933 with our management.
What if a driver tests positive on the RTD test itself?
A positive RTD test is treated identically to any other positive — it's a new violation reported to the Clearinghouse, the driver returns to prohibited status, and the SAP process restarts from the beginning. There is no "second chance" RTD. This is one reason directly-observed collection is required: to remove tampering as a path past the gate.
Need to start the return-to-duty process?
We coordinate with your SAP, schedule the observed RTD test, manage the 6+ follow-ups, and file Clearinghouse reporting. $240/yr for the management program. Tests billed separately at $99/each. Confidential, judgment-free, real human at any business hour.