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 ($119 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.
Confidential and judgment-free. Return-to-duty test details → Observed, $119 all-in.
- Removal from dutyWhat the rule requires, explained to the driver and the DER
- SAP referralSAP referral and treatment-plan coordination — confidential
- Observed return-to-duty testScheduling and the directly-observed RTD test — $119 all-in
- Follow-up testing6+ unannounced follow-up tests in the first 12 months, all observed — $119 each
- Clearinghouse reportingRTD result and follow-up plan completion filed to the Clearinghouse
- Alcohol testing if requiredBreath alcohol test at $59 when the SAP's plan calls for it
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.
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. Paid to the SAP directly; the SAP sets the fee.
Observed RTD drug test
Once SAP authorizes, we schedule the directly-observed RTD test ($119 all-in). Negative result clears the driver to return to safety-sensitive duty. Positive or refusal restarts the entire SAP process from scratch.
6+ follow-ups + Clearinghouse
Minimum 6 unannounced observed tests in the first 12 months back on duty ($119 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, who sets the fee. Everything else is fixed.
The $1,073 first-year breakdown: $240 management + $119 RTD + ($119 × 6 follow-ups = $714) = $1,073. SAP evaluation paid separately to the SAP provider.
Three line items + management.
SAP evaluation is paid to the Substance Abuse Professional directly (the SAP sets the fee). Everything else — the test fees and our case management — is fixed and transparent.
Member rates shown. The $240/yr Post SAP program handles scheduling, MRO review, follow-up tracking, and the Clearinghouse RTD filings.
Related Clearinghouse pages
Frequently Asked Questions
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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; the SAP sets the fee), the directly-observed RTD test ($69 base + $50 observation surcharge = $119 all-in), and 6+ follow-up tests over 12 months ($119 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): ~$1,073 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 $119/each. Confidential, judgment-free, a real person during business hours.