• Several steps must be taken to return to duty if a driver engages in prohibited behavior under Part 382.
• The first step to returning to the performance of safety-sensitive functions is an evaluation with a SAP.

A commercial driver’s license (CDL) driver who failed or refused a DOT drug or alcohol test is viewed as a safety risk by the Federal Motor Carrier Safety Administration (FMCSA). The agency requires that the driver seek evaluation and treatment before being allowed to return to a safety-sensitive position.

What qualifies as a DOT testing violation?

Part 382 (Subpart B) details the scenarios that require the return-to-duty process, including:

• Positive test results,
• Refusals to test, and
• An employer’s actual knowledge of a violation.

Once the designated employer representative (DER) learns of a Department of Transportation (DOT) testing violation, the person must:

• Immediately remove the driver from safety-sensitive functions, and
• Issue the driver a list of substance abuse professionals (SAPs).

The SAP facilitates the return-to-duty process so the employee can return to operating a commercial motor vehicle (CMV).

The following steps must be taken before a driver who has violated the DOT’s drug or alcohol rules can return to the performance of safety-sensitive functions:

• The driver must seek an evaluation from a SAP. Payment of the evaluation is based on management-labor agreements and healthcare benefits and is not required of the employer under the safety regulations.
• The SAP will refer the driver to an appropriate treatment and/or education program.
• The driver must complete the required treatment and/or education and return to the SAP for second evaluation.
• If satisfied that the driver can return to driving, the SAP will:
  • Issue a report on findings to the DER, and
  • Enter the return-to-duty eligibility onto the driver’s Clearinghouse record.
• The SAP report will list any continuing treatment and education, if required, and the quantity of DOT follow-up drug and/or alcohol tests required in specified time frame. The driver will be required to have a minimum of six unannounced follow-up tests under direct observation in the first 12 months following the employee’s return to a safety-sensitive function. The SAP may require follow-up testing up to five years.
• The driver can be sent for the return-to-duty drug (under direct observation) and/or alcohol test once the employer receives the SAP report. The employer cannot send the driver prior to receiving this report or seeing the SAP entry on the driver’s record.
• A negative test result must be received and entered by the employer into the Clearinghouse before the driver’s record shows as “not prohibited.”
• The driver can return to a safety-sensitive function once the Clearinghouse status changes and the CDL is no longer downgraded (driver is disqualified).

After the driver returns to a safety-sensitive function, the employer must send the driver for the required number of unannounced follow-ups making sure that the tests do not have any discernible pattern.