DOT Return to Duty Drug Test
DO NOT ORDER A RETURN TO DUTY TEST UNTIL WE HAVE TOLD YOU THAT WE HAVE RECEIVED YOUR SAP REPORT AND THAT IT IS OKAY TO ORDER.
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.
RESOURCES FROM FMCSA CLEARINGHOUSE ABOUT RETURN TO DUTY TESTING:
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 is 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.
Return to Duty Test When A Driver Has No Employer
Yes. Under 49 CFR 382.705(b)(1)(ii), employers that are subject to FMCSA’s drug and alcohol regulations in 49 CFR part 382 are required to report drivers’ negative RTD test results to the Clearinghouse. However, if a driver does not have a current or prospective employer subject to part 382 to send the driver for an RTD test and upload the negative result, the driver may register in the Clearinghouse as an owner-operator and designate a consortium/third-party administrator (C/TPA) for the limited purpose of completing the RTD process. Once designated, the C/TPA can direct the driver to submit to an RTD test and report the negative RTD test result to the Clearinghouse on the driver’s behalf. When the C/TPA reports the negative RTD test result, the driver’s Clearinghouse status will change from “prohibited” to “not prohibited,” thereby allowing the driver to resume driving a CMV and performing other safety-sensitive functions. Note: the driver’s follow-up testing plan prescribed by the substance abuse professional must be administered by the driver’s employer when the driver resumes working in a DOT safety-sensitive position.
Drivers using this option will need to create a new account in the Clearinghouse with the “Employer” role (note: this will require creating a new Login.gov account). When registering, select “Register as an Employer and Driver” and be sure to select “Yes” for the question “Are you an owner-operator?” Download step-by-step instructions. Drivers should not apply for a U.S. DOT Number when using this option to complete the RTD process.
https://clearinghouse.fmcsa.dot.gov/FAQ/Topics/Return-to-Duty