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SAP program for CDL drivers
  • 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.
  • 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. A negative result must be received before the driver can return to a safety-sensitive function.

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.