What are my obligations if a driver applicant tests positive?

The DOT does not address issues of hiring or retention. Your company policy would dictate whether the applicant would be given further consideration. Under DOT regulations, you must, at a minimum, supply the applicant with a list of substance abuse professionals (SAPs) free of charge. If you do not have another face-to-face contact with the applicant, you must ensure he or she obtains the list. This could be achieved by mailing the list. It is important to document your actions (what was sent, to whom, where it was sent [address], and when) to demonstrate compliance.

You are not obligated to have any additional contact with the applicant. However, you must retain the chain of custody and signed result for five years in accordance with DOT recordkeeping. In the event the driver discloses this violation to a future or current employer, you may be called upon to release information surrounding the test. You cannot release it to the third-party until you receive a specific written consent from the applicant in accordance with 40.321(b).

If you pursue employment with the applicant, you would need to make sure that all the steps in the DOT return-to-duty process are completed. If not hired, the driver is still subject to the steps in the return-to-duty process with any current or future employers.