What must I do to Return-to-Duty?Before you can be considered for a return to safety-sensitive duties you must successfully complete the Department of Transportation (DOT) return-to-duty process, which requires involvement of a qualified Substance Abuse Professional (SAP). You will then be required to provide a negative result on a return-to-duty drug and/or alcohol test. As of 01/06/2020 all drivers are required to be registered in the FMCSA Clearinghouse.
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My employer gave me the name and phone number of an SAP. Must I use that SAP, or can I find another SAP?According to DOT rules, your employer has the right to specify the SAP that employees must use. If you are terminated, you may choose which SAP to use. However, if you a working toward re-hire with the company that terminated you, it would be wise to use the SAP recommended by your company. Many companies have a preferred SAP. These companies are familiar with the quality of the SAP’s work and adherence to all DOT regulations. The employer is ultimately responsible for anything that a SAP may do (or not do) under federal law, and your employer could be fined or face other penalties and sanctions by DOT.
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What is the FMCSA Clearinghouse?The FMCSA Clearinghouse is a national computerized database. Starting in 2020, all violations must be recorded on the Clearinghouse. A violation will remain on the Clearinghouse for at least 5 years, or until the driver has completed the SAP’s follow-up testing plan, whichever is later.
CDL drivers are required to register in the clearinghouse and give employers and SAP’s authorization to access certain information. Once you are registered, you will have access to your record and be able to select a SAP. The SAP cannot be changed once selected. All FMCSA employers are required to check an applicant’s record on the Clearinghouse. An employer cannot hire a driver/applicant until an SAP indicates that the driver has successfully complied with the SAP’s treatment recommendation. |
How long will it take to be eligible to return to duty in a safety sensitive position?
It depends on the treatment/SAP plan that your SAP proposes, and how well you comply with it. Typically, the process takes between a few weeks and a few months.
What happens if I test positive on a follow-up test?If you test positive again, you must go through the entire SAP process again. Many employers terminate an employee for a second violation. If you have been terminated, and if you want to apply for a safety-sensitive job with another DOT employer, you must first complete the SAP return-to-duty process.
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How do I know if the SAP I am using is qualified to provide DOT return to duty services?
SAP qualifications are established by DOT and can be found in 49 CFR part 40, Subpart O § 40.281. SAP’s are required to provide qualifications to employers. These documents would include certain state licenses, national certifications, initial qualification exam certificate and continuing education credits pertaining to the specific function of an SAP during every three-year period since being qualified. As a matter professionalism, this information would be readily available upon request. There have been many employees who went through a certified addiction counselor, completed a program, and later discovered the counselor did not meet the qualifications of an SAP.
What if I just “forget” to list my previous employer on an application form?
Falsification of information is a serious federal offense subject to fines and civil penalties. DOT will hold you responsible under civil penalties when it is discovered that you have provided safety-sensitive functions without having successfully completed the return-to-duty process.
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What happens if I just quit this job and apply to another employer?
A future DOT-covered employer is required to obtain your drug and alcohol testing records from your previous employers for the previous two years and query the FMCSA Clearinghouse. Your previous employer is required to report this violation. If there is no SAP report indicating compliance, no employer is permitted to hire you for DOT safety-sensitive functions until you have successfully completed the return-to-duty process. At minimum, the previous employer’s file must include the Initial Evaluation by a qualified SAP and the Follow-Up Evaluation indicating your compliance with the SAP’s recommendations. However, if you choose to work for a non-DOT employer, you do not have to complete the SAP process.
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What does a Substance Abuse Professional (SAP) do?
- Per DOT regulations, the SAP must:
- Conduct a face-to-face initial employee evaluation and clinical assessment to determine the level of assistance needed to resolve the alcohol and/or drug associated problems.
- Enter the evaluation date on the FMSCA Clearinghouse (CDL Holders Only) for violations after 01/06/2020
- Recommend and refer the employee to an appropriate education and/or treatment program.
- Monitor the employee's progress in the education and/or treatment process through contact with the respective provider(s).
- Conduct a face-to-face follow-up evaluation to determine if the employee has fully and successfully complied with the initial evaluation and recommended course of education and/or treatment.
- Provide the Designated Employer Representative (DER) a follow-up evaluation with a drug and/or alcohol-testing plan for the employee for up to five years.
- Provide the employer and employee with recommendations for continuing education and/or treatment.
- Post follow up evaluation on the Clearinghouse when compliance with the SAP requirements are completed.
- Notify certain state DMV’s of compliance. State laws vary from state to state.