Introduction
DOT Return-to-Duty is one of the crucial processes any commercial driver must go through after violating the drug and alcohol regulations of the Department of Transportation. This process is to ensure readiness of a driver to return safely back to duty after conducting necessary education/treatments and evaluations. There are common mistakes that easily come into the process when moving through the return-to-duty process.
We’ll touch on the most common mistakes any business may make when going through the DOT RTD process and give you some helpful tips to avoid them. Delivered2Choices also offers professional support for businesses that need assistance in staying fully compliant with DOT regulations.
What Is the DOT Return-to-Duty Process?
Before we go into these common mistakes, it is important to get an overview of the general steps of the DOT Return-to-Duty process:
Referral to a Substance Abuse Professional (SAP): Following a violation, the driver shall be referred to a SAP for an evaluation. Depending on the outcome of the SAP evaluation, he or she shall refer the driver to an education or treatment program based on level of severity.
Treatment Plan Compliance: The driver must comply with the SAP’s recommendations for education or treatment, which may include a drug education course, individual counselling, outpatient or residential treatment.
Subsequent Testing: After completing the SAP recommendations, he or she shall be eligible for the return-to-duty (RTD) test and be subject to follow-up testing as prescribed by the SAP, which may continue for up to five years.
SAP Clearing: Provided the SAP has confirmed that all requirements have been met, a final written report will be issued to the CMV holder making him or her eligible for the RTD test that either the current/future employer or C/TPA will be responsible to order to clear step #5 in the DOT Clearinghouse. The SAP only clears the driver to step #4 in the Clearinghouse.
Common Mistakes DOT Return to Duty Process Most people commit the following errors:
1. Failure to Initiate the Process Promptly
A common mistake businesses are guilty of is holding back for too long to initiate the RTD process after a violation. This may result in noncompliance, fines or penalties, as it definitely disqualifies a driver from operating a commercial motor vehicle (CMV).
Avoid: When a violation is discovered, employers should refer the driver to a SAP immediately. Prompt action moves the driver in the right direction for returning to work once he or she has completed all the requirements needed.
2. Failure to Maintain Accurate Records
Record-keeping is part of the RTD process, and many firms do not have proper record keeping protocols in place. The DOT requires evidence/documentation, if/when requested, of drug and alcohol tests and SAP initial/final evaluations.
How to Avoid: Keep all records securely but accessible for inspection. This includes:
Drug and alcohol test results (RTD test & all Follow-up tests)
SAP reports, including the follow-up treatment plan
Delivered2Choices can assist employers, in counsel, on how to maintain excellent record keeping so that you are always in compliance with these specific DOT regulations and avoid costly penalties.
3. Failure to Comply with SAP Recommendations
Another common error is neglect or incomplete implementation of the follow-up testing plan prescribed by the SAP. To complete step #6 In the Clearinghouse, one has to strictly adhere to the recommendation of the SAP. Failure to comply with the recommendations could lead to hefty DOT penalties and fines.
How to Prevent: Best practices and for documentation purposes, the employer should request the follow-up testing plan from the SAP via phone call or through company email then coordinate with your testing site or C/TPA to ensure that the follow-up testing plan is conducted and completed. Missing or skipping even a single step may prolong the time before the employee can complete the 6th step.
4. Lack of Knowledge About the Required Follow-Up Testing
Employers are used to ordering pre-employment tests for new employees, however, for drivers who completed the RTD process with the SAP, a return-to-duty test serves as a pre-employment test. Afterwards, the follow-up testing begins. The SAP determines how many times you will test them, (at least 6 times in the first year), for how long, and for what substance, however, the employer is responsible for ensuring that the follow-up testing plan is conducted and completed. There is no rule on who covers the cost of the follow-up tests, that’s between the employer and employee to determine.
Many employers don’t know that once the SAP sends out the follow up testing plan to the 1st employer and the employee completed at least one or more of the follow up tests, leaves that company for whatever reason, the new employer will request the testing plan and all completed follow up test from the previous employer.
The testing plan moves from employer to employer until completed.
How to Avoid: Clarify the follow-up testing plan with your testing site, and ensure that all prescribed tests are completed. Retain records of all follow-up tests as part of the driver’s return-to-duty records. Remember, not all follow-up tests are entered into the Clearinghouse, only the last of the follow-up tests needs to be entered into the Clearinghouse by the employer or the C/TPA.
5. Returning Drivers to Work Without a Negative Return-to-Duty Test
Mistake: An employer may fail to note that the employee must provide a negative return-to-duty test result before returning the driver to safety-sensitive service. A return-to-duty test shall be negative, then results entered into the Clearinghouse before the driver is allowed to return to work.
How to Avoid It: Ensure that the return-to-duty test result is negative before allowing the driver to get back behind the wheel. Insist that the driver login to their Clearinghouse dashboard to confirm they have checkmark #5 and that they are no longer prohibited before they start driving for you.
6. Poor Communication
Failure to communicate can be an issue between the driver, employer, and SAP resulting in delays or confusion in the RTD process. For instance, there is the likelihood that at times the driver is unaware of what lies ahead, or employers are not abreast of the evaluation and education/treatment status of their drivers.
How to Avoid: The process requires proper communication with the SAP and the driver. Employers should maintain a record of all steps in the process and keep abreast of the driver’s progress. This avoids undue delay, unfocused progress through the process, fostering steady movement through SAP requirements before returning the driver to safety-sensitive functions.
How Delivered2Choice Can Help
Delivered2Choices is sensitive to the Return-to-Duty process complexities; we have experience guiding companies and employees through the steps for the efficient completion of the RTD process. Our services include:
Advice on all the procedures involved in completing the RTD process
Record-keeping support, through consultation, to stay compliant with DOT regulations
Assistance with SAP referrals and follow-up testing protocol
Appropriate employer, driver, and SAP interaction
Partnering with Delivered2Choices will ensure that you minimize errors, reduce potential non-compliant issues, and get your drivers back to work in a safe and efficient manner..
Conclusion
DOT’s Return-to-Duty Process is one part of keeping drivers, employees, and your business in compliance with federal regulations. The most common errors are failing to start the process quickly, not maintaining accurate records, or unclear follow-up testing requirements. For ease of mind in moving through the return-to-duty process properly, help from companies like Delivered2Choices can be indispensable.
For assistance with the Return-to-Duty process, or if you need help with unanswered questions in relation to DOT Regulations, reach out to Delivered2Choices today!
