DOT Return to Duty Drug Test
An employee has to take a return to duty drug test after he or she has tested positive for a drug test, refused to get tested or violated other drug and alcohol testing requirements. Return to duty drug testing is mandated for DOT regulated drug testing, specifically for safety sensitive positions such as truck and bus drivers, train engineers, pilots and subway operators.
According to DOT regulations an employee will be subject to a minimum of 6 unannounced follow-up tests in the first 12 months, and can be more frequent and can last as long as 5 years. Follow up testing uis determined by the SAP based on the SAP’s or substance abuse professional’s findings. You can learn more about the role of a substance abuse professional or SAP in the return to duty drug testing process in this blog post.
Owner Operators and Return to Duty
If a driver is unable to find an employer or prospective employer that is willing to direct them for a RTD drug test and report the negative result of the RTD test in the Clearinghouse, there is an alternative process available to assist them in resolving this issue. The driver may choose to register as an employer and self-identify as an “owner-operator” in the Clearinghouse. The driver will then be required to designate a consortium/third-party administrator (C/TPA) to fulfill limited roles in the Clearinghouse on the driver’s behalf.
Once the driver designates the C/TPA, the C/TPA will be able to direct the driver to proceed with the RTD test and report the negative result to the Clearinghouse. When the C/TPA reports a negative RTD test result to the Clearinghouse (assuming all prior requirements of the RTD process have been properly reported), the driver’s operating status will change from “prohibited” to “not prohibited,” thereby allowing them to resume driving a CMV and performing other safety-sensitive functions. Importantly, the subsequent follow-up testing plan prescribed by the driver’s SAP must be administered while the driver is working in a DOT safety sensitive position.