Positive Results and Refusals
Per the DOT regulations after a positive result or a refusal the driver must not be allowed to continue safety sensitive duties. Here's a summary of what you must do next:
- A driver's positive drug screen result will be reported to the FMCSA Clearinghouse by the Medical Review Officer (MRO) and the driver will show as "prohibited" in their FMCSA Clearinghouse account.
- The employer (or the C/TPA for owner-operators) must report drug and/or alcohol refusals at the FMCSA Clearinghouse.
- Guide to report refusals
- The driver must not be allowed to drive until they complete the Return To Duty (RTD) process.
What employers must do:
- Here's a DOT guide for the Return-To-Duty process
- The employer is responsible to refer the driver to a local Substance Abuse Professional (SAP) who is registered at the FMCSA Clearinghouse as a SAP to begin the DOT Return To Duty (RTD) process. You can find one by googling "DOT substance abuse professionals" in your area.
- The employer is not required to pay for the SAP services under the DOT regulations (though you may depending on your employment agreement with your employee).
- Owner operators must also see a Substance Abuse Professional (SAP) who is registered at the FMCSA Clearinghouse as a SAP to begin the DOT Return To Duty process.
What drivers with refusals or positive results must do:
- The driver (or owner-operator) is required to go into their FMCSA Clearinghouse account and designate who their Substance Abuse Professional is.
- Here's a DOT guide for how a driver designates their Substance Abuse Professional in the Clearinghouse
If you are an employer and allow a driver to return to duties under your authority, or if you are an owner operator and wish to continue operating:
- The SAP will evaluate the driver and will require a series of steps for the driver to complete before determining that they are eligible for a Return To Duty screening (RTD).
- The SAP will report to the FMCSA Clearinghouse and notify the employer (or C/TPA for owner operators) that the driver is now eligible for RTD screening.
- The employer must set up a RTD drug/and or alcohol screening (per the SAP).
- After a negative RTD screening the employer (or their service agent) must report it in the FMCSA Clearinghouse.
- The driver's FMCSA Clearinghouse account will now show a completed RTD process and that they are not prohibited to drive.
- The driver is now allowed to resume safety sensitive duties (drive).
- Guide for employers after the SAP portion of the Return To Duty process
- The SAP will then make a Follow Up (FU) screening plan and will share that with the employer or C/TPA for owner operators.
- When the follow up plan is completed the employer (or C/TPA for owner operators) must report the final negative drug and/or alcohol screen to the Clearinghouse.
- How to report a completed Follow Up program
- The driver's FMCSA Clearinghouse account will then show a completed RTD process.
Services for the Return To Duty Process are available through Mydrugtestingprogram.com.
Please contact us at 219-290-1225 to learn more.