6/13/2008 - Reporting Positives and Refusals to State

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ODAPC has published an Interim Final Rule (IFR) permitting state commercial drivers license (CDL) issuing authorities to receive commercial motor vehicle (CMV) driver positive and refusal drug and alcohol test results from employers without driver written consent. The IFR also permits these state licensing authorities to receive owner-operator positive and refusal results from Consortia / Third Party Administrators (C/TPAs).

So, when a state law requires employers and C/TPAs [for owner-operators] to report CMV driver positive and refusal results for tests conducted under 49 CFR Parts 382 [FMCSA] and 655 [FTA] to a state licensing authority, there are no barriers, real or perceived, in part 40 preventing them from doing so.

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