Drug and Alcohol Testing Q&A - 2007

State Reporting of DOT/FMCSA Test Violations
State	Statute	What is Reported	Who Reports it?	To Whom?	How?	Use of the Data
Arkansas	Ark. Code Ann. §27-23-205	positive or refusal FMCSA-authorized alcohol tests; positive, refusal, substituted, or adulterated FMCSA-authorized drug tests	employers reports alcohol tests; MROs reports drug tests	Office of Driver Services, Arkansas Dept of Finance & Administration; Little Rock, AR	online, www.ark.org/drugtest, within three days of test	Employers must check the online database before putting drivers on the road.
California	California V.C. 34520	positive FMCSA-authorized drug test "summaries" – notification (e.g., test date, reason for test, drug detected) without identifying the driver or motor carrier	consortium	California Highway Patrol, Commercial Vehicle Section; Sacramento, CA	mail or fax	California originally planned to maintain a database of positive drug test results. However, no such database was developed. For compliance with the law, consortia must report positive drug tests, but without names.
	California V.C. 13376(b)(3)	positive or refusal FMCSA-authorized drug tests conducted on drivers of school buses and vehicles to transport developmentally disabled people	employers	Driver Safety Actions Unit, Sacramento, CA, with a copy to local California Highway Patrol Area Office	mail, using Form DS 334, Positive Controlled Substance Test Result Report, within 5 days of receiving the test result	California revokes the driver's certificate for three years unless the driver complies with the DOT return to duty process.
New Mexico	N. M. Stat. Ann §65-3-14	positive drug test results	consortium or MRO	Motor Vehicle Division; Santa Fe, NM	<to be determined>	New Mexico's law was supposed to take effect June 15, 2007, but implementation has been delayed.
North Carolina	N.C. Gen. Stat. §20-37.19(c)	positive and refusal FMCSA-authorized drug and alcohol tests	employer	Department of Motor Vehicles; Raleigh, NC	Form CDL-8 and copy of test result, by mail or fax (but originals must still be mailed), within five days of receiving the result	North Carolina revokes the driver’s CDL until the driver successfully completes the DOT return to duty process.
Oregon	Or. Rev. Stat. §825.410	positive FMCSA-authorized drug test, including identification of the drug that was detected	MRO	Driver and Motor Vehicle Services Division;Salem, OR	CCF 2 and Form 735-7200, by mail or fax	Oregon plans on maintaining a database of positive drug tests that employers can access. That database has not yet been developed.
Texas	Tex. Transp. Code Ann. §643.064	positive FMCSA-authorized drug tests	Form MCS-20 started by MRO; submitted by employer or, if owner-operator, by MRO	Department of Public Safety, Motor Carrier Bureau; Austin, TX	Form MCS-20 and test report, within ten days of receiving test result	With the driver’s authorization, an employer can ask the Motor Carrier Bureau about past positive results.
Washington	Wash. Rev. Code §46.25.123	positive and refusal DOT drug or alcohol tests	MROs and BATs	Department of Licensing; Olympia, WA	Form DR-500-013 by fax or mail, within three days of the test	Washington State revokes the driver’s CDL for at least a year, and may require completion of the DOT return to duty process.