• Some employers may have a self-identification program that allows drivers to voluntarily admit to drug or alcohol abuse with the intention of completing an education or treatment program.
• Drivers may only return to a safety-sensitive function when treatment is complete and they pass a substance test.

A motor carrier who has a voluntary self-identification program element in its policy will not take disciplinary action against a driver who makes a voluntary admission of alcohol misuse or controlled substance use if:

• The admission is in accordance with the company’s voluntary self-identification program;
• The driver does not self-identify in order to avoid Part 382 testing;
• The driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety-sensitive function; and
• The driver does not perform a safety-sensitive function until the company is satisfied that the driver has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guidelines.

The driver will be allowed to return to safety-sensitive duties upon successful completion of an education or treatment program, as determined by a drug and alcohol abuse evaluation expert. Also, the driver must undergo:

• A return-to-duty test with a result indicating an alcohol concentration of less than 0.02; and/or
• A return-to-duty controlled substances test with a verified negative test result.

The policy may incorporate employee monitoring and include non-DOT follow-up testing.

The voluntary self-identification program or policy must be given to the driver in accordance with 382.601, along with the other elements of the company policy, before the driver participates in the DOT random testing program.

If the motor carrier revises its existing DOT drug and alcohol testing policy to include a voluntary self-identification program or policy, it will need to reissue the DOT drug and alcohol testing policy to the drivers. The drivers must sign another receipt of the policy indicating the new date to demonstrate that the drivers were made aware of the revisions. Both receipts of the company policy (original and revised policies) would be retained in accordance with 382.401(b)(4), for the duration of employment plus two years after it ceases.