What Is Required Before a Driver Returns to Duty after a DOT Violation?

Under 49 CFR 40.285, an employee who violates DOT drug and alcohol rules may not perform DOT safety-sensitive duties for any employer until completing the Substance Abuse Professional (SAP) evaluation, referral and education or treatment process. The rule lists a verified positive drug test, an alcohol result of 0.04 or greater and a refusal to test among the violations.

Under 49 CFR 40.305, the employee then takes a return-to-duty test after the SAP finds the employee has complied with the prescribed education or treatment. The rule calls for a negative drug test result, an alcohol concentration below 0.02, or both, depending on the violation, before safety-sensitive duties resume. It also states that the decision to return the employee to work is the employer's.

Under 49 CFR 40.307, the SAP sets a written follow-up testing plan with at least six unannounced follow-up tests in the first 12 months back on safety-sensitive duty. The SAP may also require follow-up tests during the next 48 months.

Section 40.281 lists the credentials a SAP must hold, such as licensed physician, licensed or certified social worker or psychologist, and certain certified counselors. SAPs are one of the provider types listed in the MyDrugTesting.com directory, which can be searched by location and service.