Failing a Department of Transportation (DOT) drug test immediately prohibits you from performing safety-sensitive duties, like driving a Commercial Motor Vehicle (CMV). To get back behind the wheel, you must complete the federally mandated Return-to-Duty (RTD) process with a Substance Abuse Professional (SAP).
Drivers navigating this process frequently ask the following 10 questions:
1. Am I Allowed to Drive a Commercial Vehicle Right Now?
No. Failing or refusing a DOT drug test immediately prohibits you from performing any safety-sensitive duties. You cannot legally operate a CMV until you have completed the entire SAP Return-to-Duty process and passed a return-to-duty test.
2. What Exactly is a SAP Evaluation?
A SAP evaluation is a clinical assessment conducted by a DOT-qualified Substance Abuse Professional. The SAP will interview you about your substance use and personal history to determine a tailored treatment or education plan that you must complete before returning to work.
3. How Do I Find a Qualified SAP?
Your employer is legally required to provide you with a list of DOT-qualified SAPs in your area. You can also search for certified professionals using the FMCSA Drug and Alcohol Clearinghouse.
4. How Long Will the SAP Process Take?
There is no set time frame; the duration depends on the treatment or education plan the SAP prescribes. The process can take anywhere from a few weeks to several months depending on your compliance and the specific recommendations.
5. Who Pays for the Evaluation and Treatment?
Under DOT regulations, the cost of the evaluation, treatment, and education programs is typically the responsibility of the driver, unless your specific employer or union contract states otherwise.
6. Will I Be Fired from My Job?
It depends on your employer's company policy. The DOT does not require employers to fire drivers who fail a drug test, but many trucking companies have zero-tolerance policies that result in termination.
7. Can I Get Hired by a New Company While in the SAP Process?
Yes, but no motor vehicle carrier can legally hire you to perform safety-sensitive duties until your Clearinghouse status changes from "Prohibited" to "Eligible". A prospective employer can see your violation in the Clearinghouse but may hire you contingent on you completing the RTD process.
8. Will the Failed Test Stay on My Record Forever?
The failed test remains in the FMCSA Drug and Alcohol Clearinghouse for five years from the date of the violation, or until you successfully complete the entire Return-to-Duty process and all required follow-up testing, whichever is longer.
9. What is the Return-to-Duty (RTD) Test?
After you finish all education or treatment recommended by the SAP, you must undergo a directly observed, federally mandated drug and/or alcohol test. You must test negative on this RTD test before you can resume driving.
10. Will I Be Tested Again After I Return to Work?
Yes. After passing your return-to-duty test and returning to driving, you are subject to unannounced follow-up testing. The SAP determines the schedule, which legally requires a minimum of six unannounced tests in the first 12 months back on the job.
What Now?
Step 1: Register
Register with the US DOT Clearinghouse
https://clearinghouse.fmcsa.dot.gov/
Step 2: Educate Yourself!
Return to Duty Process
https://www.youtube.com/channel/UCCuJr4LRogGPmnFjbCm5fSA
Step 3: Contact us today! Get clean and back to work ASAP!