I often receive phone calls from drivers who have been working for months or even years. These drivers have successfully completed their SAP portion of the Return-to-Duty process. However, they often forget the details of our first conversation. Specifically, they want to know when their DOT follow-up testing plan will end.
Sometimes, a driver will say, “I finished six tests, but I do not have my 6th checkmark in the Clearinghouse.” The Department of Transportation (DOT) rule is very clear on this topic. Still, it causes a lot of confusion.
As a driver, you cannot know exactly how many tests are on your plan. Furthermore, you cannot know the exact year it will end. You only get to know one fact. There will be a minimum of six follow-up tests during your first 12 months.
When Does the Testing Plan Start?
The start date is another confusing part of the process. Your plan does not start the day you finish your SAP (Substance Abuse Professional) follow-up evaluation. Instead, it starts the day you get a job. However, your new employer must first request and receive the testing plan from your SAP.
For example, you might get a job a year after completing the SAP process. In this case, your testing plan clock begins on your actual hire date.
Watch Out for Employer Red Flags
Sometimes, a company hires you but never requests the testing plan from your SAP. This is a massive red flag. Therefore, you should steer clear of employers who ignore the rules. They should never put you to work without proper testing.
Recently, I worked with a driver who spent a year and a half at a company. During that time, the employer never sent him for a single follow-up test. The company was completely wrong. However, you must also stay mindful as a driver.
Ultimately, you manage your own violation. It is your responsibility to inform your employer about your testing requirements. You must actively try to clear your 6th checkmark in the Clearinghouse by informing your employer. You cannot rely on the company 100% to know. Driving and collecting a paycheck feels great, but DOT compliance is just as important.
Here are some major red flags to watch for:
- First, the company does not run a Clearinghouse query before hiring you.
- Second, they do not request your SAP reports.
- Third, they fail to communicate with your SAP.
- Finally, you are not tested after a month or two on the job.
Follow-Up Tests vs. Random Tests
It is crucial to remember that follow-up tests are different from random tests.
- Follow-up tests are directly observed: An observer of the same gender walks into the bathroom with you. They will watch you provide the sample.
- Random tests are unobserved: You simply empty your pockets, secure your belongings, and enter the bathroom alone.
You can read the specific DOT Direct Observation Procedures to learn exactly what to expect.
The 6th Checkmark and Your End Date
Your DOT follow-up testing plan is officially finished when you receive a checkmark on Step 6 in the FMCSA Clearinghouse.
The DOT requires all these tests to be unannounced. Therefore, the SAP, the Medical Review Officer (MRO), and the testing site cannot legally tell you how many total tests you have. Your plan could end in the second year, the third year, or even the fifth year.
Should you worry about when it will end? Absolutely not. If you are currently working, do not stress over the finish line. As long as you drive safely and collect your paycheck, the plan will eventually expire. It simply falls off, much like points on a driver’s license.
Changing Jobs Before the Plan Ends
If you change trucking companies while on a testing plan, the plan moves with you.
Many people mistakenly believe their new employer should contact their SAP. This wastes valuable time. Instead, the best method is to provide your previous employer’s information to your new employer. As a result, the new company can request the testing plan and all the filed negative tests directly. Then, they can pick up exactly where the last company left off.
To learn more about this portability, check out our guide on testing plan movement. You can also read the official FMCSA regulations on employment change.
Remember, Step 6 does not mean just “6 tests.” It means you completed a plan with a minimum of 6 tests in the first year. However, it could involve 7, 8, in the first year or more tests over 5 years. Once set, no one can change the plan’s length. Only the last of the follow-up tests is entered into the Clearinghouse .
Therefore, focus on working and driving safely. Do not waste energy trying to calculate your remaining tests. Happy trucking!
Need help navigating the Return-to-Duty process? If you or someone you know needs SAP services, call 916-399-3047 or text us today at 916-399-3047.