When a DOT Drug Violation Shouldn’t Be in the Clearinghouse: What Drivers and SAPs Need to Know

Not every positive drug test related to commercial drivers belongs in the FMCSA Clearinghouse, but sometimes, mistakes happen. One situation that’s come up more and more is when a driver tests positive during a DOT physical, and that result gets wrongly entered into the Clearinghouse.

Let’s break down what’s going on and what you can do about it.

Medical Exams and Drug Testing: What’s the Difference?

As part of the process to get or renew a DOT medical certificate, drivers undergo evaluations by DOT-certified medical examiners. Some medical examiners may request additional testing, including:

1. Metabolic tests (for example, for diabetes)
2. Drug screens for substance use history

Here’s where confusion creeps in: a drug test conducted solely as part of the medical certification process is not a DOT test under Part 40 and should not be reported in the Clearinghouse.

Example: What Shouldn’t Be in the Clearinghouse

Let’s say a medical examiner, or one who also acts as a Medical Review Officer (MRO), orders a drug screen as part of a physical. The driver tests positive.

That’s not a DOT test under Part 40 or Part 382.

But sometimes, that result gets mistakenly entered into the FMCSA Clearinghouse, triggering a requirement for SAP evaluation and follow-up testing. That’s a problem — and it shouldn’t happen.

What Happens Next (and What It Means for SAPs)

When a driver is referred to a Substance Abuse Professional (SAP) after a physical-related drug screen:

1. The SAP needs to determine whether the violation was properly reported
2. If it was not a Part 40 DOT test, then it’s not an official DOT SAP evaluation
3. The driver has the right to file a DataQs appeal to get the violation removed

If the driver wants to return to work before the appeal is resolved, a SAP can support them through a return-to-duty process, but this is a workaround, not an admission that the violation was valid. If the violation is successfully removed from the Clearinghouse, the SAP plan and follow-up testing requirements will be lifted.

DataQs Appeals: The Path to Correction

Drivers can challenge mistaken entries through the DataQs system, which allows them to:

1. Submit evidence, such as documentation showing the test wasn’t DOT-required
2. Request removal of the record

Here’s the catch: right now, due to a federal communication freeze, many FMCSA and DOT offices aren’t processing appeals or responding to inquiries quickly. Some drivers who used to see a resolution within weeks may now face serious delays. That’s why many choose to complete the SAP process in the meantime so they can get back to work while their appeal is in limbo.

Final Thoughts: Know the Difference, Protect Your Rights

Not all positive tests are created equal. If you or someone you know tested positive during a DOT physical and was told to complete a SAP process:

1. Check whether that test was a DOT Part 40 test
2. Talk to a SAP who understands how to verify and document this
3. Use the DataQs appeal system to challenge inaccurate Clearinghouse records
4. If needed, complete a SAP plan as a temporary measure to stay employed

DOT safety is serious business, but so is accuracy. Knowing the rules helps everyone stay protected.

Need help crafting a DataQs appeal or figuring out if a test was wrongly reported? I’m here to guide you through every step. Let’s set the record straight together.