What happens if a driver fails or refuses a test?
There are serious consequences for a driver who fails an alcohol test, tests positive for drugs, or refuses an alcohol or drug test.
First, the driver must be removed from all safety-sensitive functions including driving a CMV and may not return to safety-sensitive functions for his or her motor carrier (or any other motor carrier) until completion of the return-to-duty process.
Next, the motor carrier is required to provide the driver with a list of substance abuse professionals (SAP) who can assist the driver in the completion of the return-to-duty process. The driver must be evaluated by an SAP and complete the educational and/or treatment program prescribed by the SAP.
Finally, the driver must then pass a return-to-duty drug and/or alcohol test, and follow-up testing is required after the driver returns to duty.
In addition to the regulatory requirements discussed, a motor carrier may have disciplinary measures within its company policy that could affect the driver’s continued employment. That means that a motor carrier could discipline or terminate a driver for drug- or alcohol-related offenses even if the regulations would not require it in a particular situation.