Does a Failed DOT Drug Test Go on Your Record?

 

Failed DOT Drug Test:

The Department of Transportation (DOT) has used drug and alcohol testing to monitor safety-sensitive transportation employees since the early 1990s. This ensures that pilots, truck drivers, public transport operators and other professionals operate in a drug- and alcohol-free environment. If you recently passed a DOT drug and alcohol test, you may be wondering, will a failed DOT drug test be recorded on your record? The short answer is yes, but that doesn't mean you don't have a choice. Read on to learn how to report failed DOT drug test results.

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Failure to pass a DOT drug test and/or alcohol test will enter the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse and will require you to complete a Return to Work Process (RTD) with a qualified DOT Substance Abuse Specialist (SAP) . Also, if you decline a DOT drug test, it is also considered a positive result and will be entered into the clearinghouse. Effective January 6, 2020, employers or medical review officers report FMCSA drug and alcohol violations to the FMCSA Clearinghouse. If you fail the DOT drug test and/or the DOT alcohol test on or after that date, the information will remain in the Clearinghouse until you successfully complete the RTD process. After you complete the DOT SAP process, your employer schedules you for an observed return-to-work test. The employer reports the results of the follow-up test results and the first and last dates of your follow-up test plan. Your records remain in the clearinghouse for five years.

Your DOT drug test results will appear in the Clearinghouse whether you have an account or not. This information is associated with your commercial driver's license number and issuing state. If you get another state's CDL, the clearinghouse will link your CDLs and the data linked to them. You can view your Clearinghouse records at any time for free by becoming an Authorized User. Remember that your future employer will also need to check for violations with past employers. As a DOT security-sensitive employee, it is your responsibility to inform your prospective employer of the violation.

Your test results will not be released without your written consent:

Your DOT drug test and alcohol test results are not available to the public. Only authorized users can access information in the clearinghouse. Additionally, FTA will only share drug and alcohol violations with current or potential employers and/or their Consortium/Third Party Administrators (C/TPAs) after you provide consent. You must be registered with the Clearinghouse to receive this completed Inquiry Consent, including pre-employment inquiries, electronically from your current or prospective employer. For limited inquiry consent, your current employer will provide you with written consent. Failure to provide full or limited consent to inquiries will limit current or potential employers from allowing you to perform security-sensitive work. Drivers registered with the clearinghouse can view their records at any time.

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