1. The Timeline for Return to Duty? What if you have an employee who needs 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 safety-sensitive DOT-covered activity and refer the employer to a local substance abuse professional (SAP) qualified by the DOT. DOT You do not have to pay for the evaluation or treatment, but you cannot send your employee back to work until they have completed the DOT return-to-work process under the direction of SAP. 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. A full hospitalization usually takes several months, but is not necessary for all employees who test positive for drugs or alcohol; so, in the end, it’s just that you have to work with the substance abuse doctor that you work with and solve the problem.

2. After a driver violates the prohibition of 49 CFR 382 subpart B, before the employer allows the driver to return to work to perform a safety-sensitive function, the driver must first do the following: Assessed by a Substance Abuse Specialist (SAP). Participate in/complete the prescribed treatment plan. Pass a return-to-work drug and/or alcohol test with the following results: Results indicate alcohol with an ABV below 0.02; I Controlled substance results for drug use proved negative. There is a documented follow-up test plan. Employers are responsible for reporting negative test results back to work. This info must be informed to the Clearinghouse by the end of the third business day after the date the employer received the info. For step-by-step instructions, see Reporting RTD Information (Employer). You can also study further about the RTD process. Substance abuse professionals must report the following details of the driver’s return to the workflow to the Clearinghouse by the end of the business day following the assessment or determination: Completion date of the initial SAP assessment Eligibility determination date for RTD testing Note that the information center does not document the driver’s education/treatment plan. See 49 CFR 40, Subpart O – Return to Service Process. The return-to-work test can be used as a pre-employment test when a pre-employment test is required and the new employer must take both tests on the same day. See 49 CFR 382.309.