5 Steps to Return to Duty Following a Dot Testing Violation

 Return to Duty Process:

1. Immediate response to DOT violations

When a driver engages in illegal drug or alcohol behavior, they must be immediately removed from performing all safety-sensitive functions. If in dispatch, the driver must be informed of the test results and instructed to stop. The notification usually involves arranging for the driver to go home and continue running with a different driver.

Employers must provide drivers with a list of Substance Abuse Professionals (SAPs) who have the appropriate certification and DOT training to perform driver assessments. The list must be provided free of charge and provided to the driver (or driver applicant) regardless of whether the carrier retains the driver.



2. Education and/or Therapy

Referrals by SAP for education and/or treatment programs are based on the driver's clinical assessment during the face-to-face meeting. SAP should be aware of available programs and consultants.

SAP may take into account the driver's ability to pay and insurance coverage. Once an SAP-approved provider is in agreement with the driver, SAP will facilitate referrals and provide the program with a diagnostic decision leading to a treatment plan. Programs range from outpatient treatment to partial or full inpatient resources.

3. Second SAP Assessment

Once the treatment plan is over, SAP will determine if it was successful. This decision is based on information provided by the education and/or treatment plan and another face-to-face assessment with the driver.

4. SAP report

If SAP is satisfied with the driver's ability to resume driving, SAP will issue a report to the Designated Employer Representative (DER). If required, this report will list any continuing treatment and education, as well as the number of DOT follow-up drug and/or alcohol tests required within the given time frame. Drivers will be required to undergo at least six unannounced follow-up tests in the first 12 months after reinstating safety-sensitive functions. SAP may require up to five years of follow-up testing.

5. Negative return to duty test

The DER must wait for approval in the SAP report before sending the driver for reinstatement drug and/or alcohol testing. All return-to-duty drug tests are conducted under direct observation. Auto carriers must report negative return-to-duty tests to the clearinghouse. In order to lift the "prohibited" status from the driver's record, both SAP and auto carrier submissions must be entered into the driver's record.

Once the clearinghouse no longer shows unresolved test violations, drivers can return to security-sensitive functions.

Comments

Post a Comment

Popular posts from this blog

What is a drug consortium & Its Benefits?

Image
Drug consortium: The Department of Transportation (DOT) requires drug and alcohol testing for motor carriers. This is critical to ensuring that drivers can safely operate commercial motor vehicles. Whether a company has thousands of drivers or just one owner-operator, it must have a drug and alcohol testing program in place to stay compliant and avoid hefty fines.  The DOT Consortium Drug is an association of several different companies that form a larger testing pool. This is required for owner operators or small companies, and even larger vehicle operators can benefit from partnering with third parties to provide DOT compliance services. Benefits of Joining the Drug Testing Alliance Membership has many benefits, even for companies that don't need to pass the alliance to meet their drug testing requirements. These include: • Consortium/Third Party Administrators will be aware of DOT compliance and will keep your company up to date with the latest changes. • Your alliance can help
Read more

What is the difference between TPA and C/TPA?

Image
  What is the difference between TPA and C/TPA? TPA and C/TPA There is no major difference. TPA is the original name for companies in the 1990s that were early adopters of selling drug tests. When USDOT rewrote drug testing rules in 2001, primarily for clarity, USDOT added the consortium. The term "Federated/Third Party Administrator" appears in the 2001 edition of 49 CFR Part 40. What is a Service Agent? Service agents are vendors involved in providing various drug and alcohol testing services. Suppliers help employers implement USDOT regulations. These may include: Urine collector Laboratory Medical Review Officer (MRO) Screening Test Technician (STT) Breath Alcohol Technician (BAT) Substance Abuse Professional (SAP) Drug-Free Workplace Policy Advisor The TPA coordinates various drug and alcohol testing services for employers and is also considered a service agent. These services can include random selection, preparation of annual Management Informat
Read more

Why is Consortium Enrollment Important?

Image
  Consortium Enrollment Important For new owner-operators, within 12 months of starting operations, you will undergo a DOT FMCSA security audit, commonly known as the New Entrant Exam. Audits and compliance reviews include verification of your  FMCSA Drug Testing Consortium   program. New owner-operators will automatically fail security audits related to the following violations: Owner-operator not participating in random drug and alcohol testing consortium program No alcohol and/or drug testing program No random alcohol and drug testing program Use a driver who refuses to take the required alcohol or drug test Using a driver, the company knows the blood alcohol level is 0.04 or higher Use drivers who fail to complete required follow-up procedures after testing positive for drugs For owner-operators, two important steps must be taken to comply with DOT FMCSA regulations on drug and alcohol testing : Must have completed a negative pre-employment drug test before opera
Read more