The Department of Transportation (DOT) mandates a specific return-to-duty (RTD) process for drivers who have failed a drug test. This procedure, guided by the DOT's Substance Abuse Professional (SAP) program, is pivotal for reinstating a driver's eligibility to perform safety-sensitive functions. It encompasses a series of follow-up tests spanning a minimum of 12 months. Given the recent upsurge in positive drug test results - over 11,000 drivers identified within the first two months of the DOT Clearinghouse's operation - comprehension of this process is essential. The RTD journey commences with an evaluation by a certified substance abuse professional, as stipulated in 49 CFR Part 40 Subpart O of the federal regulations.
The DOT outlines the Substance Abuse Professional's role as pivotal in assessing employees who have breached DOT's drug and alcohol program regulations. The SAP's responsibilities include evaluating these individuals, suggesting appropriate educational programs, counseling, treatment, follow-up testing, and aftercare plans. The SAP's assessment significantly influences the employee's timeline for resuming duties involving the operation of regulated vehicles, such as trucks, school buses, oil tankers, trains, airplanes, subway cars, etc., and the duration of required follow-up testing.
Determining the cost of the DOT SAP program involves multiple factors. These include the fee for the initial evaluation, costs associated with the recommended education program, expenses for the return-to-duty drug test, and the ongoing follow-up testing program, which may last for six months or more. Duration of the follow-up program can vary markedly, ranging from 12 months to 5 years, based on the SAP's recommendations. With these variable elements, it becomes challenging to precisely estimate the total cost. Typically, our DOT SAP evaluation process is around $500, not including additional costs arising from the SAP's recommendations.
The length of the SAP program is inherently individualized and varies from case to case. It includes two main phases: the return-to-duty process and the subsequent follow-up testing program. The return-to-duty phase encompasses finding a qualified DOT SAP, undergoing an initial evaluation, consulting with a physician if necessary, completing an education or treatment program, a second SAP evaluation, and passing a return-to-duty drug test. This phase can span several weeks to months. Post return to duty, the follow-up testing program commences, as mandated by the SAP, involving a minimum of six unannounced observed drug tests in the first year, potentially extending up to five years. Failure or refusal of a drug test during this period may necessitate restarting the process.
The return-to-duty process is a critical step for employees who have tested positive for drugs, intending to resume safety-sensitive roles. It involves immediate removal from safety-sensitive duties, an initial evaluation by a qualified DOT SAP, completion of an education or treatment program as recommended, a second SAP evaluation, and undergoing a return-to-duty observed drug test. After the Designated Employer Representative (DER) receives a negative test result, the employee may resume safety-sensitive tasks. Additionally, the SAP may recommend a follow-up testing schedule after the second evaluation, which includes a minimum of 6 unannounced observed drug tests within the first 12 months, and can extend up to 60 months (five years), depending on the SAP's guidance.
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