Introduction
The Return-to-Duty (RTD) process is one of the most important steps for drivers who have had a DOT drug or alcohol violation. After completing an evaluation with a Substance Abuse Professional (SAP), drivers must follow a structured plan that includes follow-up testing.
But what happens if you change jobs before your testing plan is complete?
This is a situation many drivers face — and it often causes confusion for both employees and employers. According to the Federal Motor Carrier Safety Administration (FMCSA), the follow-up testing plan does not reset or disappear when you switch jobs. Instead, the responsibility simply shifts. Let’s look closely at how this works and what you need to know to stay compliant.
What Is DOT Follow-Up Testing?
Follow-up testing is a mandatory requirement for drivers who have had a DOT violation and completed their RTD process.
Prescribed by a SAP: A Substance Abuse Professional determines how many tests are required and how often they should occur.
Minimum requirements: At least 6 unannounced tests in the first 12 months, but testing may continue for up to 5 years depending on the SAP’s recommendation.
Purpose: To ensure safety and monitor a driver’s compliance over time.
Can You Switch Employers During Follow-Up Testing?
Yes — a driver can switch employers while in the middle of their follow-up testing plan.
However, under 49 CFR §40.307(e), the new employer must immediately resume the testing plan prescribed by the SAP. The plan is tied to the driver, not the employer. That means:
The plan does not reset or restart when you move to a new job.
The new employer must continue testing from where the previous employer left off.
Any completed negative follow-up tests must be included in the driver’s record.
Key Responsibilities in the Process
- Driver’s Role
Inform your new employer that you are under a follow-up testing plan.
Provide your employer your SAP reports.
Keep personal records of all test receipts or “Donor Copies”.
- Previous Employer’s Role
Maintain documentation of all completed follow-up tests.
Share testing records with the new employer upon request. How many remain, and what has already been completed.
Provide the testing plan and all completed follow-up tests to the new employer in a timely manner.
- New Employer’s Role
Resume follow-up testing immediately based on the SAP’s plan.
Verify completed tests with the previous employer.
Record the last of the follow-up tests in the Clearinghouse as required. Remember, only the last of the follow-up tests is recorded in the Clearinghouse, not all of them.
The “6th Checkmark” in the FMCSA Clearinghouse
One of the most confusing aspects of the Clearinghouse is the “6th checkmark.”
It indicates that a driver is subject to a follow-up testing plan.
Once you switch employers, the new employer becomes responsible for ensuring the plan continues without interruption.
Any failure to follow the plan can cause non-compliance, affect Clearinghouse records, and even jeopardize your career.
Common Pitfalls to Avoid
Assuming the plan restarts: The SAP’s plan does not reset with a new employer. Only if the completed tests cannot be obtained (for whatever reason) from the previous employer.
Lack of communication: Both drivers and employers must actively share and request records.
Delays in testing: The new employer must resume testing right away — any delay can put compliance at risk.
Incomplete documentation: Keep all records of negative tests to avoid disputes.
FAQs
Q1: Can I wait to change employers until after I finish my follow-up plan?
Yes, but it is not required. You may change jobs mid-plan, as long as the new employer resumes testing.
Q2: What if my previous employer won’t share records?
The new employer must perform due diligence to connect with the previous employer. If unable to retrieve testing plan/completed follow-up tests from the previous employer, the new employer should reach out to the SAP to request the follow-up testing plan with documented evidence of the attempt(s) to retrieve from the previous employer. At that time the testing plan will start over.
Q3: Does switching employers affect my Clearinghouse record?
No. Your record continues, and the follow-up obligation remains until the SAP’s plan is complete.
Q4: Do I still participate in random testing at my new job?
Yes. You will be subject to both random and follow-up testing. The difference: randoms are unobserved (directed by DOT) and follow-ups are observed (directed by the employer).
Final Thoughts & Next Steps
Switching employers during your DOT follow-up testing period is allowed — but it requires careful coordination.
Drivers: Be proactive, keep your SAP’s reports accessible, and make sure your new employer knows your responsibilities.
Employers: Act immediately to resume the SAP’s plan and keep all documentation current.
The FMCSA’s regulations are clear: compliance is not optional. By following these rules, drivers can stay on the road and employers can remain compliant.
At Delivered2Choices, we work with drivers and employers every day to simplify this process. With years of experience, we provide guidance to ensure the follow-up plan continues smoothly — protecting both careers and compliance.
