Understanding DOT Drug Testing Regulations
The Department of Transportation (DOT) requires safety-sensitive employees, such as commercial drivers, to undergo regular drug and alcohol testing. Failing a DOT drug test can have serious consequences, including removal from duty and the requirement of moving through the Return-to-Duty process with a Substance Abuse Professional (SAP) evaluation before returning to work.
What Happens After a Failed DOT Drug Test?
If you fail a DOT drug test, your employer is required to immediately remove you from safety-sensitive duties. However, this does not mean you are permanently disqualified from working in the industry. To regain your eligibility, you must follow the Return-to-Duty (RTD) process, which includes completing a SAP evaluation and undergoing follow-up testing.
The Importance of a SAP Evaluation
A Substance Abuse Professional (SAP) evaluation is a critical first step in the return-to-duty process. The SAP will assess your situation and recommend a course of treatment or education to help you comply with DOT regulations. The goal is to ensure you are fit to return to work while maintaining workplace safety.
Steps to Take After a Failed DOT Drug Test
1. Stop Performing Safety-Sensitive Duties
Upon failing a drug test, you must immediately stop performing safety-sensitive duties as per DOT regulations. However, it is possible to continue to work in a non-safety sensitive position while moving through the Return-To-Duty process.
2. Find a Qualified SAP for an Evaluation
To begin the return-to-duty process, you must find a DOT-qualified SAP who will assess your situation and determine the necessary steps for compliance.
3. Complete the SAP-Recommended Program
Based on the SAP’s assessment outcome, you will need to complete an assigned treatment program, education, or counseling before moving forward.
4. Undergo a Follow-Up Evaluation
After completing your assigned treatment or education, you must meet with your SAP a second time for a follow-up evaluation. The SAP will assess what behaviour you have identified to make adjustments in to align more with workplace safety protocol and will determine if you are ready to return to duty.
5. Take a DOT Return-to-Duty Drug Test
Once the SAP makes you eligible for duty, you must pass a return-to-duty drug test. This test must be conducted under direct observation. This test can only be ordered by an employer or C/TPA.
6. Follow the Employer’s Follow-Up Testing Plan
Even after returning to work, you will be subject to unannounced follow-up drug testing that can continue for up to five years, as per the SAP’s recommendations.
Finding a Qualified SAP for Your Evaluation
Choosing a qualified SAP is essential to successfully completing the DOT return-to-duty process. Delivered2Choices connects employees with a DOT-certified SAP professional to ensure compliance and a smooth return to work transition.
Frequently Asked Questions (FAQs)
How long does the DOT return-to-duty process take?
The timeline varies depending on the SAP’s recommendations and the completion of the treatment or education program. It typically takes several days to a few months.
Can I refuse a SAP evaluation after failing a DOT drug test?
Yes, however, refusing a SAP evaluation means you cannot legally work for any DOT regulated employers. You can surely choose to work in a different profession.
Who pays for the SAP evaluation and treatment?
The cost of SAP evaluations, treatment, and follow-up testing is typically the responsibility of the employee. It’s at the employer’s discretion if they choose to cover the cost of any part of the Return-to-Duty process.
Will a failed DOT drug test stay on my record permanently?
A failed test will be recorded and housed in the FMCSA Clearinghouse for five years from the date of the violation determination or until the successful completion of the follow-up testing plan, whichever is later. https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/how-long-will-cdl-driver-violation-records-be-available-release#:~:text=Guidance%3A,See%2049%20CFR%20382.719.
Take the First Step Toward Returning to Work
If you have failed a DOT drug test, taking immediate action is crucial to regaining your ability to work. Delivered2Choices provides access to a qualified SAP professional to help guide you through the process and get you back on the road.
Contact Delivered2Choices today to start your SAP evaluation and return-to-duty process!
