Question 1

Q: What do I do immediately after a driver fails a drug test?

Accepted Answer

Remove the employee from safety-sensitive duty immediately and refer them to a DOT-Qualified SAP. Do not allow them to return to duty until the full SAP process is complete and a return-to-duty drug test has been passed.

Question 2

Q: Are we required to keep the employee's job during the SAP process?

Accepted Answer

DOT regulations require removal from safety-sensitive duty but do not mandate job retention. Consult with your HR counsel on termination decisions as additional employment laws may apply.

Question 3

Q: What is the FMCSA Drug and Alcohol Clearinghouse and why does it matter?

Accepted Answer

The Clearinghouse is a federal database that tracks DOT drug and alcohol violations for commercial drivers. Employers are required to query it before hiring a new driver and annually for all current drivers. Violations remain until the full return to duty process is complete.

Question 4

Q: Can we use any SAP or does it have to be someone specific?

Accepted Answer

The SAP must be federally qualified under 49 CFR Part 40. Employees have the right to choose their own qualified SAP. We are available to serve as your preferred SAP partner.

Question 5

Q: How do employers refer employees for SAP services?

Accepted Answer

Employers can refer employees by contacting our office directly. We work with employers, owner-operators, consortiums, and third-party administrators to ensure DOT compliance throughout the Return-to-Duty process.

Question 6

Can you help employers stay compliant with DOT requirements?

Accepted Answer

Yes. We work with employers, owner-operators, consortiums, and third-party administrators to help keep the Return-to-Duty process moving correctly. We can guide referrals, timelines, and next steps.

FAQs

Frequently Asked Questions

Q: What do I do immediately after a driver fails a drug test?

Q: Are we required to keep the employee's job during the SAP process?

Q: What is the FMCSA Drug and Alcohol Clearinghouse and why does it matter?

Q: Can we use any SAP or does it have to be someone specific?

Q: How do employers refer employees for SAP services?

Can you help employers stay compliant with DOT requirements?

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