• If a DOT testing violation is discovered, an employer cannot use a driver in a safety-sensitive function until evidence is provided showing the return-to-duty requirements have been met.

If the employer learns from a previous employer that the driver tested positive for drugs, had an alcohol test result of 0.04 or greater, or refused to be tested, the driver cannot perform safety-sensitive functions until the employer has evidence that the driver has met the return-to-duty requirements.

The employer must have evidence that the driver was evaluated by a substance abuse professional (SAP), completed the required treatment, and passed a return-to-duty test. For a a violation occurring under the Federal Motor Carrier Safety Regulations, 49 CFR Part 382, since January 6, 2020, this information should be on the driver’s CDL Drug and Alcohol Clearinghouse query.

If the driver completed the return-to-duty process and it is noted on the driver’s Clearinghouse record, the new employer must also investigate whether the SAP’s follow-up testing plan was completed. If the Clearinghouse does not show a completed follow-up program, the SAP report along with information on remaining follow-up tests must be learned by contacting former employers.

An employer may obtain from any previous employer of a driver — provided the driver has given specific written consent — any information concerning the driver’s participation in an alcohol or drug testing program.