#dotdrugtesting

Return to duty Process

What happens if your employee takes a DOT drug or alcohol test and the test comes back positive? Short answer: As an employer, you are required by law to remove the employee from any security-sensitive, DOT-covered activity and refer the employer to a local, DOT-qualified Substance Abuse Professional (SAP). You do not have to pay for evaluation or treatment, but you cannot send your employee back to the jobsite until he or she has completed the DOT return-to-work process under the direction of SAP.

But what exactly does this return to work process mean?

How does the return to work process work?

The process always starts with an assessment. The employee will meet face-to-face with SAP, who will assess the nature and extent of the individual's drug or alcohol problem.

It may be helpful to point out here that SAP is a clinical professional who specializes in addiction diagnosis and treatment. Not only that, but they also have special recognition from the DOT - in addition, they maintain key professional qualifications and receive ongoing education on the latest addiction treatments. These are truly the leaders in addiction care.

During the evaluation period, SAP will recommend some treatment options or educational opportunities for the employee. Employees are then expected to receive these treatments; again, as an employer, you don't have to pay for them. You just need to make sure your employees understand these options.

Once the employee has completed treatment and/or education, he or she will meet again with SAP. SAP will then declare whether the employee is fit to return to work.

Key point: SAP will simply determine if an employee is eligible to return to duty. As an employer, it is your decision whether or not you want that employee to return to work.

The Timeline for Return to Duty

Both employees and employers want to know how long the process will take - unfortunately, there are no easy answers here. It really depends on the SAP and they may recommend different treatments to different people depending on the nature and extent of the substance use problem.

Nationwide FMCSA Drug & Alcohol Consortium

DOT Drug Testing is required when:

Before employment, or before you begin your job duties.

Reasonable suspicion/reason:

if one or more trained supervisors reasonably believe/suspect that you are under the influence of a drug. This must be based on observations of appearance, behavior, language, smell, etc.

Random Test:

Random testing must use a truly random selection process - every employee must have an equal chance of being selected and tested. These are done quarterly.

A return-to-duty process is required for drug and alcohol violations:

You cannot return to any DOT work until you have been tested and may have taken at least 6 surprise tests in the first 12 months. These tests must be performed under direct observation.

Follow-up testing after the resumption of work:

 Substance Abuse Professionals (SAPs) administer follow-up testing for up to 5 years, determining how many times employees are tested and what substances are tested. These are done in addition to other DOT-required tests.

Post-accident Testing:

This is required if you are involved in an accident that meets certain DOT standards. An alcohol test must be done within 8 hours of the accident and a drug test within 32 hours.

What happens if I fail the DOT drug test?

DOT regulations require your employer to immediately release you from performing any DOT safety-sensitive work if you fail a DOT-mandated drug test. There may also be other consequences, such as losing your certification or license. It depends on your company policy or employment agreement.

goMDnow's workforce experts stay informed about DOT regulations and can ensure your business remains compliant. If you are interested in using goMDnows regulated drug testing services, please get in touch with a member of our team. Our clinic also has a certified medical examiner on hand to perform DOT exams.

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