When should a test be marked as return-to-duty?

Many carriers and collection sites alike are often confused as to when to mark a test as return-to-duty. A return-to-duty drug or alcohol test is conducted as a part of the Return-to-Duty process of Subpart O of Part 40. When a driver has a DOT drug and alcohol violation, they must complete the necessary steps of Subpart O in order to resume a safety-sensitive function.

After a violation, the driver must be evaluated by a Substance Abuse Professional (SAP) and complete prescribed treatment and education. The driver then has another meeting with the SAP to determine if the driver has successfully completed treatment and may return to a safety-sensitive function. If the SAP feels the driver can go back to driving, the driver then (and only then) goes for a return-to-duty drug and/or alcohol test. The employer must wait for the approval of the SAP. The employer cannot return the driver to a safety-sensitive function until a negative return-to-duty result is received and entered into the Clearinghouse by the employer to remove the Prohibited Status.

A return-to-duty drug or alcohol test is NOT conducted when:

1. a driver is rehired. (This is a pre-employment test.)
2. a driver returns after a leave of absence. (This is a pre-employment test.)
3. a driver renews a medical examiner’s certificate. (This is a non-DOT test which falls under company policy.)