It can be stressful and confusing when an employee tests positive on a DOT drug test or alcohol test. Does the employer now have to do anything? Must the employee be fired? How long will the driver be out? Can the driver be re-hired? The key is to know and comply with the DOT regulations.
Once an employer has received a verified positive drug test result, the employer must immediately remove the employee from DOT safety sensitive duties. The employer should not wait for a written report from the Medical Review Officer or the results of a split specimen test (if one has been requested by the employee). A verified positive DOT drug test is a direct violation of the federal drug and alcohol testing regulations. Delaying may open the employer to civil liability. Don’t take the risk!
Employers who are required to comply with DOT regulations must provide the driver who failed a DOT drug test with information about qualified DOT Substance Abuse Professionals (SAPs) such as myself. Employers are not required to pay for the employee’s evaluation or treatment; however, they must provide a list of locally available qualified DOT SAPs, including name, address, and phone number. Employers may provide the list of DOT SAP referrals through a Third Party Administrator (TPA) or other service agents.
For an employee to be eligible to perform safety sensitive duties, they must successfully complete the DOT Return to Duty Process (RTD). This process involves being evaluated by a qualified DOT SAP, completing treatment and/or education as recommended by the SAP, and a follow-up evaluation by the SAP. The time it takes to complete the DOT SAP process varies and depends upon the level of treatment and education recommended for the employee, as well as the employee’s dedication to the process. The SAP is not an advocate for the employee or the employer. Rather the SAPs function is to protect the public’s interest in safety.
It is important to note that only a qualified DOT SAP may provide the required evaluation, recommendations and determination of successful compliance required to become eligible for consideration for return to duty. The DOT does not “certify” SAPS, but to act as a qualified DOT SAP, the professional is required by federal regulations to have specialized training, maintain specific professional credentials and undergo continuing education. They are also required to adhere to specific rules and regulations regarding facilities they recommend for treatment and/or education.
Once the employer has been notified in writing by the qualified DOT SAP that an employee has successfully completed the recommendations, the employer may choose to return the employee to safety sensitive duty pending a negative observed return to duty test. The employer must also ensure that the employee is in follow-up testing as recommended by the SAP. In addition, the employer must also ensure the date of the RTD DOT drug test is entered into the FMCSA Clearinghouse along with the first date for the follow-up testing schedule and the last date once the process is successfully completed.
Feel free to give me a call at (208)240-0237 if you have any questions about this bewildering process. My goal is to get your driver back on the road as quickly as it is possible to safely do so.