July 2023 - AACS Counseling

What Happens After I Complete the SAP Program?

Completing the Substance Abuse Professional (SAP) program is a significant milestone for individuals who have violated Department of Transportation (DOT) drug and alcohol regulations. It marks the end of a structured recovery process and paves the way for resuming safety-sensitive duties, such as operating commercial vehicles. However, many participants wonder, “What happens next?” This guide provides a detailed breakdown of the steps that follow SAP program completion, highlighting the importance of Compliance, follow-up testing, and employer responsibilities.

The Return-to-Duty (RTD) Drug Test

After completing the SAP program, one of the first steps is taking the Return-to-Duty (RTD) drug test. This is a critical requirement for transitioning back to safety-sensitive roles.

What You Need to Know:

  • The RTD test must be conducted under direct observation, ensuring no tampering or fraud.
  • It evaluates whether an individual is free of prohibited substances and is fit to perform their duties safely.

Scheduling the RTD Test:

  1. Employer-Arranged Testing:

  • Your current employer will schedule and oversee the RTD drug test if you’re still employed.
  • For new employment, ask the new employer to order the pre-employment drug test as an RTD test to fulfill dual requirements.
  1. Third-Party Administrators (C/TPA):

  • For owner-operators or those without an employer, testing arrangements are typically managed by a Consortium/Third-Party Administrator.

For further details on testing protocols, visit the FMCSA Drug and Alcohol Testing Regulations.

Passing the RTD test is essential for advancing in the process. Once you pass, your SAP or employer submits the negative results to the FMCSA Clearinghouse, a critical next step in your return-to-duty eligibility.

FMCSA Clearinghouse Updates

The FMCSA Clearinghouse plays a vital role in documenting and verifying compliance steps. After completing the SAP program and clearing the RTD test, the Clearinghouse records these events. This ensures your status is updated, lifting the prohibition on performing safety-sensitive tasks.

Here’s what happens:

  • The Employer or SAP Updates the Record:
    • Employers or third-party administrators must report the RTD test completion and clearing your “prohibited” status.
  • Visibility for Future Employers:
    • Your updated Clearinghouse record allows new or potential employers to verify your eligibility to resume safety-sensitive duties.

You can monitor your Clearinghouse status by logging in to the FMCSA Drug and Alcohol Clearinghouse.

Follow-Up Testing Plan

Completion of the SAP program and RTD test isn’t the final step. To ensure long-term Compliance, participants must adhere to a follow-up testing plan prescribed by their SAP.

Key Points:

  • Minimum Requirements:
    • The DOT mandates at least six unannounced follow-up tests within the first 12 months of returning to duty.
  • Testing Period:
    • Depending on the SAP’s recommendations, follow-up testing may extend to five years.
  • Direct Observation:
    • Similar to the RTD test, these follow-up tests are conducted under direct observation to maintain integrity.

Employers are responsible for coordinating and conducting follow-up tests. Failure to comply with the testing schedule can result in additional penalties or a restart of the SAP process.

Refer to the 49 CFR Part 40 Subpart O regulations for more details on testing requirements.

Employer Responsibilities

Employers play a crucial role in ensuring Compliance with DOT regulations post-SAP program completion. Their responsibilities include:

  • Coordinating Testing:
    • Employers must arrange required RTD and follow-up testing as the SAP report outlines.
  • Monitoring Compliance:
    • Employers are tasked with ensuring employees adhere to the prescribed follow-up testing schedule.
  • Reporting Results:
    • All testing results, completion of the follow-up plan, and any non-compliance are reported to the FMCSA Clearinghouse.

Employers are ultimately accountable for verifying the employee’s eligibility before allowing them to resume safety-sensitive duties. This protects the business and maintains public safety standards.

The Importance of Compliance

Completing the SAP program clearly demonstrates commitment to rehabilitation and safety. However, ongoing Compliance remains critical for maintaining your commercial driver’s license (CDL) privileges. Here’s why:

  • Career Opportunities:
    • Compliance signals current and future employers that you are reliable and committed to safety.
  • Avoiding Repeat Offenses:
    • Adhering to follow-up testing and sobriety plans minimizes the risk of relapse and further violations.
  • Legal Protection:
    • Compliance ensures you meet DOT regulations, avoiding fines, suspensions, or legal repercussions.

Benefits of Completing the SAP Program

While the process can be challenging, completing the SAP program offers several long-term benefits, including:

  • Restored Career Eligibility:
    • You regain the ability to perform safety-sensitive duties and continue your career in transportation.
  • Improved Health and Sobriety:
    • Counseling, education, and follow-up testing promote long-term sobriety and health improvements.
  • Confidence and Credibility:
    • Successfully navigating through a regulated process like SAP shows resilience and a commitment to responsible behaviors.

Final Thoughts

The path from completing the SAP program to resuming your career requires dedication, Compliance, and a proactive approach. You can secure your eligibility and rebuild your professional reputation by passing the RTD test, adhering to follow-up testing, and engaging with your employer’s compliance measures.

For official information and resources on the SAP program, visit the DOT Office of Drug and Alcohol Policy and Compliance. If you’re ready to take the next steps, comply with your SAP’s recommendations, stay on top of your testing schedule, and ensure all records are updated in the FMCSA Clearinghouse. Your future on the road is within reach.

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Tales from the Trip: No Good Deed Goes Unpunished

Tales from the Trip is a blog I created to tell the personal stories I have encountered during my time dealing with individuals in various SAP programs. The purpose of these stories is so that, hopefully, you can learn to avoid the mistakes of others and save yourself the trouble of running into a similar situation in the future. Ours is an unfortunate protagonist whom I have decided to name Fred after a stray dog I found. Fred was the sweetest and kindest little pup that you ever met. I think I decided to name our protagonist after him because Fred didn’t deserve what had happened to him. He just got caught up in some circumstances that weren’t necessarily his fault, but he was definitely the one who had to suffer the consequences. Luckily, none of the things I will describe happened to the same person, but for the purposes of this blog, Fred will ultimately become the unluckiest human being on planet Earth. All names have been changed to protect the anonymity of those involved. And so begins Fred’s journey and the Tales from the Trip…

Like many others before him, Fred was just a man who wanted to make a living doing the thing he loved: driving trucks. He had started his over-the-road career early on in life and had a number of years of well-earned experience under his belt. His employers loved him because he was always on time, and professional, and they knew that if a load was given to Fred, it was definitely going to arrive at its destination intact and on time. Fred was an ideal employee that any dispatcher would be lucky to have, but this did come with a few caveats. Fred was kind-hearted to a fault, and as many of us know, the kindest and nicest human beings can sometimes be the victims of individuals who take advantage of such kindness.

Because of his willingness to work and take on any job, Fred had begun to feel the years of over-the-road trucking on his body. Years of gas station hot dogs, energy drinks, bad posture, lack of sleep, and endless hours in his rig had taken their toll on his body. Fred wasn’t the young buck who could spring back after a fall. He wasn’t the middle-aged guy who would help a struggling loader get things into the truck when he could tell they were struggling. He just wasn’t the guy that his mind still believed he was. Like many individuals, Fred had gotten to that stage of life where his body had outgrown his mind, and the consequences of years of hard work had begun to manifest in his joints, muscles, and bones. It had reached a point where unbeknownst to him; he was on the verge of sustaining an injury at any moment. That day finally came on a lonely stretch of road while traveling through Alabama on his way to Texas.

At around 10 pm he noticed through the windshield a car on the side of the road with their hazards on, and a lady was standing to the side of the car waving her arms back and forth through the air in an attempt to flag down anyone she could. This is the type of thing Fred could not ignore. He was raised with good morals, and whenever he came across something like this, he was always reminded of his father stopping the car when he was a child to help anyone in need who seemed to be having car trouble. Fred had been down this stretch of road many times before and knew that they were in a cellular dead zone, and he might be the last person this lady would see for some hours because the stretch of road he was on was miles from the nearest town or gas station. He put his blinkers on, pulled over, and popped out of the cabin. He had done this sort of thing many times throughout his life, and sure enough, after introducing himself, he learned that she just needed some help changing her tire. She would normally have called AAA but obviously had no cell service. He assured her it wasn’t a problem and opened her trunk. Luckily, he was able to find a spare tire that, indeed, was in working condition.

 

He got to work and jacked up the car, undead the bolts, changed the tire, undid the jack, and went to lift the damaged tire. When he bent over to lift the tire, he felt something twist in his lower back and instinctively winced in pain. The young lady noticed and asked if he was all right as he continued to roll the tire to her trunk. Now Fred was a man’s man. He was the type of guy to suffer in silence, and when she asked, he told her everything was fine with a smile, but the lady could tell something was wrong. When he closed the trunk, he noticed that she had walked over to the passenger side of her car and reached into a bag. She returned, thanked Fred for his help, and handed him what looked like a vitamin bottle. He glanced down, took the bottle, and saw it was full of CBD capsules. He had seen this type of thing before at gas stations all over the US but hadn’t thought anything of it. He knew it had something to do with marijuana, but that was the extent of his knowledge about the situation. She mentioned that she had noticed he had been in some pain that she used these for muscle inflammation, and that she wanted him to have them because she thought it might help with his situation. She told him it was a natural medication she had been using for years and a lifesaver whenever she had muscle pain from going to the gym. He glanced down and looked at the label and saw that it clearly said 0% THC on the bottle. His parents had also taught him not to refuse kindness when offered, so he took the bottle and sent her on her way.

He made his way back to the cabin and went to open the door to the cab, but when he tried to get in, the pain flared up in his back, and he had to stop himself half-step. Luckily, he had a bottle of water he could reach that was in the door of the cab, so he reached up, pulled it down, and stopped to think about what he should do. He looked down once more at the bottle and thought about what the girl had said. At that moment, he hesitated. Weirdly enough, his insides churned a bit with indecision as he thought about his circumstances. He dismissed the feeling when he saw what time it was and realized that he had taken longer to help this lady than he had hoped. Not wanting to be late for his delivery, he went against his intuition and decided to open the bottle. The instructions said to take 3 capsules with some water. He decided to take 2 instead just to be safe and sat down on the step up to the truck. He looked up at the starry sky and thought to himself how beautiful it was. The light pollution was thin on this lonely road in the middle of Alabama, and he could see the entire Milky Way lighting up the sky. He took a moment to take in the beauty of the sky, and after about twenty minutes, he realized that his lower back had stopped hurting. He stood up, twisted left and right, and realized he couldn’t feel the pain anymore. Surprised at the efficacy of the pills, he jumped up into his cab and headed back down the road.

Fred made it to his delivery without any problems, but after about 6 hours, the pain in his lower back started to flare up again. He cursed to himself and realized that he really was becoming an old man like everyone always told him he would eventually become. Luckily though he had his little miracle bottle, he popped it open and took a couple more capsules before eventually lying in his cabin to sleep for the night. He slept soundly and deeply, but when he woke up and went to get out of his bed, he felt that sharp pain in his lower back once again. Immediately his intuition showed up, and he knew that he should set up an appointment to get himself checked out, but then he dismissed the feeling when he realized how tight his schedule was. He did not have any time for the Doctor if he was going to keep up with his deliveries. So once again, he opened the bottle and took a couple more pills. Fred continued this process of pain and suppression, taking the CBD capsules every time his back would flare up, and eventually finished his route.

Tales

He looked up the CBD capsules online and decided he better order some more because the bottle he had been given was already half-used by the time it had been handed to him. This cycle continued for another couple of months until, one day; his dispatcher told him that he had a random drug screen to complete. Fred had been taking drug tests for 30 years and had never failed a single test during his entire career as a truck driver, so when he got a call a few days after the test saying that he was positive, his heart sank. The medical review officer informed him that he had tested positive for a small amount of THC and now had a violation in the clearinghouse. The instant he heard this, he knew what had caused the problem. He took the latest bottle of CBD capsules he had received in the mail called the MRO, and explained what had happened. He told the MRO the name of the capsules and even sent him a photo showing the picture on the label that said 0% THC. The MRO explained that the packaging for CBD in the United States could say 0% if it is 0.385%, which, unfortunately, is enough to fail the urinalysis screening for the DOT. The MRO told Fred that all was not lost and that he could drive again after completing an SAP program.

Fred thought back to that moment of hesitation before taking the capsules and seeing the Milky Way shining brightly in the sky. He laughed to himself, remembering something his mother had told him when he was just a boy. He had looked up into the same starry sky and asked his mother where the stars came from. She looked back at him and said, “Fred, nobody knows where the stars came from, so don’t let anyone try and tell you that they know. People have all sorts of ideas about all sorts of things, but the origin of everything is a mystery that no one will ever be able to answer for sure, I’ll tell you this: there’s an intelligence to this mystery called life. It’s the intelligence that knows how to make an acorn into a tree or how to grow you inside my belly. That same intelligence is a part of you and a part of me. So, whenever you don’t know the answer to something, I’ll tell you what my mother told me when I was your age. Just trust your gut. That feeling you get when you’re unsure about something is what you should always listen to. Remember that that feeling is smart enough to make a seed change into a flower or turn a caterpillar into a butterfly, so you should listen to it when it does show up. It’s the only thing you can rely on when things are uncertain, so don’t ever try to explain it away.”

Fred took a deep breath and looked up at the sky one more time before taking the bottle of capsules and tossing it into the closest trash can.

If you have found yourself in a situation that requires you to meet for an evaluation with an SAP then look no further! Find more information at www.sapevaluation.org or you can reach us at 1-800-683-7745.

Understanding Alcohol and Drug Evaluation: Types of Questions and Duration?

Introduction:

Undergoing an alcohol and drug evaluation is a crucial step in assessing an individual’s substance use patterns, understanding the extent of the problem, and determining appropriate treatment options. Many individuals who find themselves in legal or personal situations related to substance use may be required to complete such an evaluation. This article aims to shed light on the types of questions commonly asked during an alcohol and drug evaluation and provide insight into the typical duration of the evaluation process.

Types of Questions Asked during an Alcohol and Drug Evaluation.

  1. Personal and Demographic Information: The evaluation process usually begins with basic personal and demographic questions. These inquiries help the evaluator gather essential background information about the individual, such as their name, age, gender, address, contact details, and employment status. This data is essential for maintaining accurate records and providing appropriate care.
  2. Substance Use History: To comprehensively assess an individual’s substance use, evaluators often inquire about their history of alcohol and drug consumption. Questions may cover the types of substances used, frequency and duration of use, and any prior attempts at quitting or reducing substance use. Additionally, questions may delve into the circumstances surrounding substance use, such as specific triggers or environments where substance use typically occurs.
  3. Family and Social History: Evaluators may ask about the individual’s family and social history to identify potential genetic or environmental factors that could contribute to substance use. Questions may explore family dynamics, relationships, and any history of substance abuse among family members or close contacts. Understanding these factors helps evaluators develop a holistic view of the individual’s situation.
  4. Mental and Physical Health: Assessing an individual’s mental and physical health is crucial in understanding the impact of substance use on overall well-being. Questions may cover any history of mental health disorders, such as depression or anxiety, as well as physical health issues that may be related to substance abuse. Evaluators may also inquire about medications or treatments the individual has received for these conditions.
  5. Legal and Behavioral Issues: Individuals undergoing an alcohol and drug evaluation often have legal or behavioral issues associated with their substance use. Evaluators will likely ask about any past or ongoing legal problems, such as DUI charges or drug-related offenses. Additionally, questions may focus on behavioral patterns, such as aggression, impulsive behavior, or relationship difficulties, to gain insight into the individual’s overall functioning.
  6. Treatment and Support Systems:  To determine the most appropriate course of action, evaluators will inquire about any previous experiences with treatment programs or support systems. Questions may explore previous participation in counseling, therapy, or support groups, as well as the individual’s willingness to engage in treatment moving forward. Understanding an individual’s previous experiences helps tailor the evaluation process and treatment recommendations to their specific needs.

Duration of an Alcohol and Drug Evaluation:

The duration of an alcohol and drug evaluation can vary depending on several factors, including the complexity of the individual’s substance use history and the thoroughness of the evaluation process. On average, an evaluation session may last between one to three hours. However, it’s essential to note that this timeframe can differ based on the evaluator’s approach, the specific requirements of the referring party (such as a court or employer), and the individual’s willingness to disclose information openly and honestly.

The evaluation typically involves both an interview with the evaluator and the completion of standardized assessment tools. These tools may include questionnaires designed to measure substance use severity, mental health symptoms, and overall functioning. The evaluator will carefully review the information gathered during the interview and assessment tools to develop a comprehensive evaluation report.

Conclusion:

Undergoing an alcohol and drug evaluation near me is a critical step in understanding one’s substance use patterns and seeking appropriate treatment. The evaluation process involves asking a range of questions to gather information about personal background, substance use history, mental and physical health, legal and behavioral issues, and treatment experiences. The duration of the evaluation can vary, but on average, it may take between one to three hours. By providing accurate and honest answers during the evaluation, individuals can receive personalized recommendations and support to address their substance use concerns effectively.

Navigating the DOT’s Return to Duty process

Returning to work after a violation resulting in a prohibited status on your commercial driver’s license (CDL) can be daunting. The Department of Transportation (DOT) enforces strict regulations to ensure the safety of our roads and highways. As someone who has gone through the Return to Duty process, I understand the challenges and complexities involved. I want to share my personal experience and offer insights into navigating the DOT Return to Duty process.

Prohibition and Realization:

Receiving a violation notice from the DOT was a major wake-up call for me. It abruptly halted my driving career and forced me to face the consequences of my actions. It was a humbling experience that made me reflect on the seriousness of violating DOT regulations and its potential risks to myself and others on the road. I was prohibited from operating commercial vehicles and could only return to work after completing the process. Accepting responsibility for my mistake and finding an SAP Provider to help me understand the importance of the Return to Duty process were pivotal moments in my journey.

SAP Evaluation:

Completing an educational or treatment component is crucial to the Return to Duty process. I first attended a Substance Abuse Professional (SAP) evaluation, which helped me understand the severity of substance use while performing a safety-sensitive position. The evaluation helps determine the extent of underlying substance abuse issues and guides the development of an appropriate action plan. During the evaluation, I talked one-on-one with a licensed substance abuse professional who provided valuable insights into my circumstances and helped me develop an action plan for moving forward.

DOT Return to Duty process

Treatment and Education:

Based on the recommendations of the SAP evaluation, I was required to undergo a treatment program for my level of substance use. This phase of the process was very transformative. Some of you may hear “treatment” and automatically think about taking medicine, but it wasn’t like that. I engaged in counseling sessions, group therapy, and educational programs focused on substance abuse awareness and relapse prevention. These interventions gave me the tools and coping mechanisms to overcome the triggers and factors that caused me to test positive on my DOT alcohol and drug test. My personalized treatment program helped me make positive changes in my life that I probably would not have thought of on my own. I thought I had life all figured out, but man, was I wrong.

Return to Duty Clearance/Eligibility and Moving Forward:

After completing the required treatment program, I reached the clearance phase. This involved submitting proof of completion and compliance with all necessary paperwork, such as providing documentation from the treatment program and a negative drug test result to my SAP. It was a time of mixed emotions, as I felt a sense of relief and accomplishment as I was one step closer to doing what I love, operating commercial vehicles. It marked a fresh start and a renewed dedication to safety and responsibility in my professional career.

Follow-up Testing and Compliance:

I could not wait to tell my Substance Abuse Professional about all the knowledge I gained. After my follow-up assessment, I was finally cleared to return to duty on one condition. I had to adhere to random urine and/or breath testing for drug and alcohol use. With the positive life changes and decisions I made in my treatment program, I did not mind. I understood that maintaining strict compliance with follow-up testing protocols would be vital for aftercare in the Return to Duty process. The follow-up testing and compliance phase serves as a means of ongoing monitoring and accountability for drivers, and each test serves as a reminder of my commitment to sobriety and professional responsibility.

Conclusion:

The DOT’s Return to Duty process is designed to ensure our roads’ safety and allow individuals to rehabilitate and reintegrate into the workforce. My personal experience with this process taught me valuable lessons about accountability, self-reflection, and the importance of complying with regulations. It is crucial to seek professional help, stay committed to your treatment program, and embrace personal growth opportunities. Remember, the Return to Duty process is not an obstacle but rather a chance to rebuild your life and regain the trust of both yourself and your employer. With determination and perseverance, overcoming the challenges and becoming a safer and more responsible professional driver is possible.

Information Source:

SAMHSA | Substance Abuse and Mental Health Services Administration

U.S. Department of Transportation

Federal Motor Carrier Safety Administration | U.S. DEPARTMENT OF TRANSPORTATION

Considering a CDL Truck Driver Return to Duty process at this time?

If you are currently a Commercial Driver’s License (CDL) truck driver and have failed a “drug screen,” the next steps for getting back on the road can be daunting and complex. The government entity known as the Federal Motor Carrier Safety Administration (FMCSA) has established regulations to protect the public through the random testing of drivers for illegal drug and alcohol use. For a more in-depth look at the regulations please review: 49 Code of Federal Regulations, Parts 382 and 40.

Introduction:

For Commercial Driver’s License (CDL) truck drivers who have failed a drug test, the journey back to the road can seem challenging. The Federal Motor Carrier Safety Administration (FMCSA) has established regulations to safeguard public safety through random drug and alcohol testing of drivers. To gain an in-depth understanding of these regulations, refer to 49 Code of Federal Regulations, Parts 382 and 40.

CDL Truck Driver Return to Duty Process:

  1. Substance Abuse Professional (SAP) Evaluation:

After a failed drug test, CDL drivers must comply with FMCSA regulations and seek evaluation by a designated SAP. The SAP reviews the driver’s history and recommends a treatment program if necessary.

  1. Substance Abuse Assistance or Evaluation:

Following the SAP evaluation, drivers must follow the SAP’s recommended substance abuse assistance or evaluation program before being considered eligible for return to duty. The SAP program typically includes a minimum of two one-hour sessions for alcohol misuse or 10 one-hour sessions for drug misuse, conducted in approved drug rehab centers. Successful completion is mandatory.

  1. Return-to-Duty Drug or Alcohol Test:

After fulfilling the SAP’s requirements, drivers must undergo and pass a Return-to-Duty drug or alcohol test to proceed with the return-to-duty process.

  1. Employer and FMCSA Compliance:

Before approaching their employer for reinstatement, drivers should review FMCSA regulations and the employer’s drug and alcohol policy. The application for employment or reinstatement should include details of all necessary requirements, including the SAP evaluation and drug/alcohol testing.

  1. SAP Recommended Treatment Modalities:

Treatment programs recommended by the SAP may include individual and/or group counseling, education on substance use and abuse, participation in self-help meetings (e.g., Al-Anon or Twelve Step programs), community-based treatment programs with life skills education, cognitive-behavioral therapy, and relapse prevention techniques.

  1. Compliance and Follow-Up:

To successfully complete the CDL Truck Driver Return to Duty process, drivers must remain compliant and adhere to the program and recommendations provided by the SAP. Upon completing the required steps and treatment program, drivers undergo drug/alcohol screenings and obtain a clear/eligible driving record.

CDL Truck Driver

The SAP recommended treatment modality may include things such as:

  • – Individual and/or group counseling
  • – Education on substance use and abuse
  • – Self-help meetings such as Al-Anon or Twelve Step programs
  • – Community-based treatment programs, which may include life skills
  • – Education
  • – Cognitive Behavioral Therapy
  • – Relapse prevention techniques

Conclusion:

The CDL Truck Driver Return to Duty process demands strict compliance with FMCSA regulations and SAP recommendations. By diligently following the required steps and treatment program, drivers can successfully return to duty and resume their careers. For assistance with the CDL Truck Driver Return to Duty process, www.sapevaluation.org is a valuable resource. Contact 1-800-683-7745 to initiate the process promptly.

Information Source:

SAMHSA | Substance Abuse and Mental Health Services Administration

U.S. Department of Transportation

Federal Motor Carrier Safety Administration | U.S. DEPARTMENT OF TRANSPORTATION

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