How To Handle a Failed DOT Drug Test
For many employers, it can be a stressful and confusing time when an employee tests positive on a DOT drug test or alcohol test.
That's why most trucking companies find it more convenient and practical to be part of a Consortium/Third-Party Administrators (C/TPAs) like Labworks USA to manage all, or part, of an employer's DOT drug and alcohol testing program. We perform tasks as agreed to by the employer to assist in implementing the drug and alcohol testing program and to help keep the employer compliant with the DOT/FMCSA Drug and Alcohol Testing rules and regulations. We as a DOT Consortium can help you.
Does the employer now have to “DO”
anything? Must the employee be fired? How long will the driver be out? Can the
driver be re-hired? The key is to precisely follow the DOT regulations in order
to handle the situation correctly and maintain regulatory compliance. So how
are you going to handle a failed DOT drug test of your driver?
Here are some key questions that might be going through your driver’s mind:
How Do I
Return To Driving After Failing Or Refusing A DOT Drug Or Alcohol Test?
Your
employer (or potential employer) will provide you with a list of nearby
DOT-certified Substance Abuse Professionals (SAP's).
You, Will,
be evaluated by the SAP.
The SAP will
prescribe a course of treatment or education.
You must
complete the entire return-to-duty process with the same SAP, and you will be
responsible for paying for it.
Once
treatment is completed, you will be required to pass another drug test.
You will be
tested at least 6 times in the next 12 months, and up to a total of 60 months.
Failing
another drug or alcohol test will require repeating the return-to-duty process.
What Is The
DOT Return-To-Duty Process?
If you fail
or refuse a DOT drug or alcohol test, you will be taken out of safety-sensitive
duties until you complete the return-to-duty process. The return-to-duty process
will require you to:
Be evaluated
by a DOT-certified substance abuse professional (SAP).
Complete the
recommended course of treatment or education, at your own cost.
Pass a
follow-up drug and alcohol test, and submit to random testing for at least the
next 12 months, up to 60 months.
Two of the
most important rules of trucking are:
Protect that
CDL license; and,
Don't hit
anything.
If you put
yourself into a position to fail a DOT-required drug or alcohol test, you've
clearly failed at the first and put yourself in danger of violating the second.
So now what?
While the
overall drug and alcohol test failure rate for CDL drivers nationwide is
somewhere south of 1%, drivers do fail them, for a variety of reasons.
Why Do Truck
Drivers Fail Drug Or Alcohol Tests?
Among the
reasons that a driver might fail a drug or alcohol test:
Recreational
use at home.
Not having a
valid prescription for drugs found in their system.
Taking
prescription medication that will not be allowed under DOT guidelines (i.e.
anti-seizure medication).
Not waiting
long enough to clean up before being tested, especially in the case of hair
follicle testing.
Drinking too
close to their driving time.
Here's what
happens if you fail a DOT drug or alcohol test:
First Step
After Failing A DOT Drug Test:
You will
immediately be removed from DOT-related safety-sensitive responsibilities,
which for truck drivers means you will be put out-of-service, instantly. And
almost certainly fired or turned down for the job you were testing for.
You will be
allowed to work, but not in any safety-sensitive functions.
What is a
substance abuse professional (SAP)?
A substance
abuse professional, or SAP, is defined by the Department of Transportation as a
person who evaluates employees who have violated DOT drug and alcohol testing
regulations in order to make recommendations for the course of treatment or
education, follow-up testing, and aftercare.
SAP's must
be licensed physicians, social workers, psychologists, or otherwise licensed
and certified therapists or counselors. Their duty is to protect the public
interest and ensure that drivers who go through the return-to-duty process are
fit to actually return.
Next You
Will Be Professionally Evaluated And Treated:
You will be
required to do the following before you are allowed to return to
safety-sensitive duties:
Be evaluated
by a DOT-qualified substance abuse professional (SAP). The SAP's responsibility
is to protect the safety of the general public, through evaluation, treatment,
and follow-up;
Complete
whatever course of treatment, education, or counseling is directed by the SAP;
and,
Test
negative on a follow-up drug and alcohol test.
Even under Clearinghouse, truck drivers can fail a
drug test yet remain behind the wheel
The U.S.
DOT's new database of drivers who have failed or refused a drug test is meant
to restrict the ability of drivers who didn't pass a drug test from holding or
gaining employment as truck driver. But new numbers released Friday by DOT
reveal that thousands of drivers could have failed a drug test already this
year yet could remain employed and potentially remain behind the wheel for
months.
“There are
situations where things could fall through the cracks,” said Tom Fulmer, vice
president of National Drug Screening, a national provider of DOT drug tests.
DOT said
that more than 8,000 records have been added to its CDL Drug and Alcohol
Clearinghouse. That means, as of Friday, more than 8,000 CDL holders have
failed or refused a drug test (or committed an alcohol violation) as part of a
pre-employment screening, random drug test or post-accident test in the last
seven weeks.
Those who
have failed a random drug test or a post-accident test have likely been
sidelined but drivers who failed a pre-employment screening could still be
employed and still be driving.
Will My Future Employer Know About It?
If you are
wondering if your failed DOT test results will follow you to other employers,
the answer is yes. Previous employers are bound by the law to furnish new
employers with certain records of DOT drug-testing history. However, that
should not worry you if you have successfully completed the return-to-duty
program with the assistance of a qualified SAP provider.
The Consequences of a Failed Drug Test
An inconclusive
test result means the test did not determine for certain if there were drugs in
the urine. A failed drug test, on the other hand, means the urine tested
positive for one or more of the drug panels included in the test. In many cases
where the drug is illegal, or there is no medical reason for using it,
employment may be terminated.
In addition,
failing a DOT drug and alcohol test remains on your record for three years.
While this may not seem very long, if you are terminated because of the drug test
result, the termination remains on your record for even longer. This means that
if you apply for other positions with different employers, they may be able to
see that you were terminated. Thus, the consequences of failing a drug test can
affect your employability for years, even though the actual record of a
positive result goes away after three years.
Do you need support?
Contact Labworks USA to Help You Put Your Best
Foot Forward After a Failed DOT Drug or Alcohol Test.
You can
still get your career in the safety-sensitive transport sector back on track
even after a failed DOT drug or alcohol test. To learn more about Labworks USA
services and programs.
If you are looking for more information about drug and alcohol testing as a truck driver, visit LabWorks USA. Our DOT Consortium's friendly team will be more than happy to discuss any concerns you may have and work with you to ensure you are always fully compliant specially with random DOT drug and alcohol testing pre-employment testing. Moreover, if you need help with FMCSA Clearinghouse registration, we can further support you.