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When a driver has a confirmed positive, or engages in other prohibited drug or alcohol behavior, the driver must be removed from a safety-sensitive function per 382.501. The employer must present the driver with a list of Substance Abuse Professionals (SAPs) per 40.287. The list must be given without a fee, and the carrier cannot force an employee to seek the evaluation. The list, also, must be made available to the driver (or driver applicant) whether or not the carrier retains the driver in their employ. (Retention of the driver would be based on company policy.)
The violation is reported to the CDL Drug and Alcohol Clearinghouse to appear on the driver’s record.
In order to resume a safety-sensitive function, the driver must complete the Return-to-Duty Process of Subpart O of Part 40. The driver cannot perform a safety-sensitive function again until all the necessary steps are completed:
*At the SAP’s discretion, the initial and follow-up evaluations may be performed face-to-face in-person or remotely. If a SAP is not prohibited from using technology within the parameters of the SAP’s state-issued license or other credential(s), a remote evaluation must be must be conducted in accordance with DOT criteria.
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 they do not have any discernible pattern.
Clearinghouse recordkeeping
The driver must have a Clearinghouse account in order to designate the SAP in the database. Once designated, the SAP indicates that the driver has completed the evaluations and rehabilitation and treatment.
The employer under whose program:
The employer’s submissions do not require that the driver provide consent.
Driver information is removed when the above steps are reported to the Clearinghouse AND five years pass since the original violation.
Employer recordkeeping
All records relating to a DOT-drug and alcohol violation must be retained for five years per 382.401. If the driver leaves the motor carrier’s employment prior to the completion of the very last follow-up test, this information must be supplied to the prospective employer per 40.25, and the next employer(s) must pick up where the process left off.