§382.503 Required evaluation and testing

Question 1: If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 alcohol concentration without having been evaluated by a substance abuse professional (SAP), may the motor carrier accept the subsequent test results and ignore the requirement to refer the driver to an SAP for evaluation and possible treatment?

Guidance: No. A motor carrier must have a report from an SAP showing that the driver has been evaluated and may return to work because he or she:

1. Does not need treatment;
2. Needs part-time outpatient treatment, but may continue to drive while being treated on his or her off duty time; or
3. Needed full-time outpatient or inpatient treatment, has received such treatment, and is ready to return to driving.

The driver must also pass a return to duty controlled substances or alcohol test that complies with all of the requirements of parts 40 and 382.

Question 2: Requirements for Positives or Refusals: A CDL driver tests positive, or refuses to take, a DOT drug or alcohol test. What must the driver do to be able to resume performing safety sensitive functions, such as operating any type of commercial motor vehicle?

Guidance: A CDL driver who tests positive on a DOT test or refuses to take a DOT test, must successfully complete the return-to-duty (RTD) process with a DOT qualified substance abuse professional (SAP). The requirements for the RTD process are found in 49 CFR Part 40, Subpart O. See 49 CFR 382.501, 382.503.