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The DOT Return-To-Duty Process

    Return-To-Duty Process

    You probably are here because of a DOT drug/alcohol violation

    Before you can return to a DOT safety-sensitive position, you must successfully complete a return-to-duty process.

    A Substance Abuse Professional (SAP) will have to:

    • Conduct a thorough face-to-face assessment
    • Recommend a required plan of treatment and/or education
    • Send a report to your employer about that recommendation
    • Monitor your progress through that plan
    • Conduct a face-to-face follow-up evaluation, to verify that you completed the recommendation and that it was successful
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    SAP Evaluation

    If the SAP determines the treatment was successful, the SAP will send a report of compliance to your employer. Your employer (or a future employer) can then order a return-to-duty test, which must be negative.  (The specimen collection will be observed).

    If your return-to-duty test is positive, you will have a new violation.  You will be required to start over with another assessment, and another recommendation for treatment.

    If the SAP determines that you didn’t cooperate with the treatment plan, or that you didn’t participate appropriately, the SAP will send a report of non-compliance to your employer, and you will have to continue with the program.

    If you return to work, you will be subject to follow-up testing.

    The SAP must set up a follow-up testing plan of no fewer than 6 unannounced tests, over at least 12 months.  However, the SAP could require any number of tests, over 60 months.  The specimen collection will be observed.

    What happens after the substance abuse evaluation?

    Your SAP will make recommendations for treatment, follow-up testing and your ability to return to your DOT-regulated position. Next, your SAP will:

    • Conduct a clinical follow-up evaluation to determine if you have complied with the recommendations
    • Send a report of compliance to your employer

    Your employer then decides if they want to offer you a return-to-duty test. Depending on the company’s written policy, they may decide to terminate you, either before or after the return-to-duty test. DOT drug testing is designed to identify safety risks. In your employer’s eyes, you may still pose a risk.

    If your employer decides to take you back, and if you have a negative return-to-duty DOT drug screen, you will be subject to follow-up testing as required by your SAP. There must be at least 6 unannounced follow-up tests in the first year. However, your SAP can require any number of tests, and the testing period can last up to 5 years.

    Frequently Asked Questions

    Return To Journey Process

    • 1. I failed a drug test (or I have a refusal). What happens now?

      If you violate a Department of Transportation drug or alcohol regulation, you will need to complete the return-to-duty process before being eligible to go back to work.

      Until you complete a return-to-duty process, you are subject to federal civil and criminal penalties.

    • 2. (For FMCSA drivers only) What is the FMCSA Clearinghouse?

      The FMCSA Clearinghouse is a national computerized database. Starting in 2020, all violations must be recorded on the Clearinghouse. A violation will remain on the Clearinghouse for at least 5 years, or until the driver has completed the SAP’s follow-up testing plan, whichever is later.

      All FMCSA employers are required to check an applicant’s record on the Clearinghouse. An employer cannot hire a driver/applicant until a SAP indicates that the driver has successfully complied with the SAP’s treatment recommendation.

    • 3. My employer told me I have to find a SAP? How do I do this?

      You can search for a qualified SAP in the Find a SAP directory.

    • 4. If I have a violation, do I absolutely have see a SAP?

      Yes. The DOT requires that a qualified and trained SAP evaluate every employee with a DOT violation.

    • 5. Can I be evaluated by someone who is not a SAP?

      No. An employer cannot accept recommendations from anyone who is not a qualified SAP.

    • 6. Who is going to pay for my SAP services?

      DOT does not specify who is responsible for the cost of SAP services. Some employers pay for them, or have arranged for SAP services to be covered by an Employee Assistance Program (EAP). But many employers require their employees to pay for SAP services. Your employer’s written policy should indicate whether they will pay, or if it’s your responsibility. If you’re not sure who will pay, ask your employer.

    • 7. How much do SAP services cost?

      Cost varies by SAP, and our website policy does not allow SAPs to list their fees. To find out a SAP’s fees, contact the SAP directly. In some cases, your workplace’s Employee Assistance Program (EAP) may cover SAP fees. In other cases, you will need to pay. Ask your employer for details. Health insurance typically doesn’t cover SAP assessments or follow-up appointments.

      Many SAPs require full payment for their services in advance. If you are not able to provide the money at the first visit, a SAP may choose to not start the evaluation. Some SAPs will require payment in cash, money order or certified check.

    • 8. My employer gave me the name of phone number of a SAP. Must I use that SAP, or can I find another SAP?

      According to DOT rules, your employer has the right to specify the SAP that employees must use. The reason is that your employer is ultimately responsible for anything that a SAP may do (or not do) under federal law, and your employer could be fined or face other penalties and sanctions by DOT, even if you selected a SAP on your own.