Immediate actions:
- Removal from safety-sensitive duties, such as driving a commercial vehicle or operating heavy machinery.
https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-if-i-fail-or-refuse-test
● Suspension of your Commercial Driver’s License (CDL) if you’re a driver. https://www.transportation.gov/odapc/employee
- Reporting to a Substance Abuse Professional (SAP) for evaluation and treatment.
Long-Term Consequences
- Job loss or disciplinary action from your employer.
- Difficulty finding future employment in safety-sensitive positions.
- A permanent record on the DOT Drug and Alcohol Clearinghouse, which potential employers can access.
- Possible criminal charges if your drug use led to an accident or injury.
If you’re in this position, you must go through the Return to Duty (RTD) process to return to work. This includes a DOT SAP program and the employer’s requirements to return to duty.
The DOT SAP program is a comprehensive process, an individual who has violated the DOT drug and alcohol policies and regulations must complete before returning to safety-sensitive duties.
If you’re looking for a provider, AACS offers the fastest DOT Return to Duty Program from home. They have also simplified it into a six-step process.
The SAP program consists of the following:
- Initial SAP Evaluation
To help protect the public interest in safety, every employee who has violated a DOT drug and alcohol regulation must be professionally and clinically assessed and evaluated by a DOT-qualified SAP.
- Education/Treatment Recommendation
As described in 49 CFR Part 40 Section § 40.293 paragraph (b) [49 CFR 40.293(b)], the SAP must recommend a course of education and/or treatment with which the employee must demonstrate successful compliance prior to returning to DOT safety-sensitive duty
- Referral to an Appropriate Education and/or Treatment Program As described in 49 CFR 40.299(a), upon determining the best recommendation for assistance, the SAP must serve as a referral source to assist the employee in entering an education and/or treatment program.
- Successful Compliance with the Initial SAP Recommendation
When a SAP has successfully assessed and evaluated an employee and recommended an education and treatment program following a DOT drug and alcohol regulation violation, the employee MUST comply with that recommendation.
- Follow-up SAP Evaluation
Upon obtaining appropriate documentation from the appropriate education and/or treatment program professionals to whom the employee was referred, the SAP must re-evaluate the employee to determine whether he/she has successfully carried out the initial SAP education and/or treatment recommendations as outlined in 49 CFR 40.301(a).
To summarize this process steps 1 – 4 deal with AACS directly. Step 5 is a DOT drug test that must be taken at a certified location. After a negative result, you are now eligible to return to duty. Step 6 involves the employee adhering to the employer’s requirements to return to duty. If the case is mild, you should be able to finish all the steps within a week.
For more information please visit: https://www.aacscounseling.com/sap-evaluations-for-dot/
“If you’re facing a legal issue or need a professional evaluation, AACS Counseling is here to help. Call us today at 800.683.7745 or visit our website to schedule your appointment.”