• Drivers who are successfully returned to duty are subject to unannounced follow-up testing.
• The SAP determines the number, frequency, and duration of tests.
• A minimum of six tests during the first 12 months is required.

After an employee is successfully returned to duty, the Department of Transportation (DOT) process requires follow-up testing. The employer must ensure that the driver is subject to unannounced follow-up testing following the person’s return to duty. Follow-up drug tests must be conducted under direct observation.

As with the return-to-duty test, the employer may be directed by the substance abuse professional (SAP) to test the driver for both drugs and alcohol.

The number, frequency, and duration of the tests are to be determined by the SAP. The SAP must direct the employer to conduct at least six tests during the first 12 months following the driver’s return to duty. Follow-up testing may be done for up to 60 months based on the SAP’s judgment. The SAP may not establish the actual dates for the prescribed follow-up tests. The decision on specific dates to test is the employer’s.

The SAP may modify the follow-up testing program that was included in the SAP report. However, the SAP must wait to terminate any testing requirement until after the first year of follow-up testing. The employee must take at least six follow-up tests within the first 12 months after returning to the performance of safety-sensitive functions.

Breaks in employment and new employers

A driver cannot escape the consequences of a DOT drug or alcohol violation by switching employers or leaving the industry temporarily and returning. The return-to-duty process does not end until the very last follow-up test is completed. The same principle applies when a driver is laid off and returns to the same employer. If steps remain in the process, it must continue where it left off.