What is the DOT Return-to-Duty Program (RTD Program)?
Here are the steps involved in the RTD process:
- Immediate Removal: If the violation occurs in a safety-sensitive position, the employee must be removed from duty immediately.
- Evaluation by SAP: The employee must undergo an initial assessment with a DOT-qualified Substance Abuse Professional (SAP) who evaluates the employee and recommends a treatment program.
Treatment Program: The employee must return to duty process complete the treatment program as recommended by the SAP.
Follow-Up Evaluation: After completing the treatment, the employee meets with the SAP again to determine if they are ready for an RTD test.
RTD Test: The employee takes the RTD test under medical review officer direct observation to ensure the integrity of the test results.
Negative Test Result: Once a negative RTD test result is received, the employee can resume work.
Follow-Up Testing: The SAP will schedule at least six unannounced follow-up tests over a 12-month period, which can extend up to five years. Each follow-up test must also be conducted under direct observation.
The RTD process ensures that employees comply with the necessary steps and maintain a drug-free status before returning to their safety-sensitive positions.
6.5.5 Return-to-Duty Process and Testing (Under Direct Observation)
The process includes the following steps:
Evaluation by a Substance Abuse Professional (SAP): The driver must be assessed by a qualified substance abuse evaluation or SAP.
Completion of Treatment Program: The driver must participate in the alcohol program and complete the treatment program prescribed by the SAP.
Passing the Return-to-Duty Test: The driver must pass a positive drug test and/or alcohol test. The results must show an alcohol concentration of less than 0.02 and/or a verified negative result for drug use.
Employers are responsible for reporting negative RTD test results to the FMCSA Clearinghouse within three business days of obtaining the results. The SAP must also report key details of the driver’s RTD process, including the dates of the initial assessment and determination of eligibility for RTD testing. It’s important to note that the driver’s education and treatment plan details are not recorded in the Clearinghouse.
Additionally, an RTD test can serve as pre employment drug test or as a pre-employment test if required, and both tests should be conducted on the same day by the new employer. See 49 CFR 382.309.
You probably are here because of a DOT drug/alcohol violation
What steps must be taken if you are here because of a DOT drug/alcohol violation?
If you are here due to a no DOT drug testing or alcohol violation, you must follow these steps to return to a safety-sensitive position:
Initial Assessment: Undergo an evaluation by a Substance Abuse Professional (SAP) who will recommend a plan of treatment and/or education.
Report to Employer: The SAP will send a report to your employer with the recommended treatment plan.
Treatment and Education: Complete the recommended treatment and/or education as per the SAP’s advice.
Follow-up Evaluation: Attend a face-to-face follow-up evaluation with the SAP to verify that you have successfully completed the recommended treatment.
Compliance Report: If the SAP determines you have successfully complied, they will send a report of compliance to your employer.
Return-to-Duty Testing: Your employer can then order a return-to-duty test, which must be conducted under direct observation and result in a negative outcome.
Follow-up Testing: If you return to work, you will be subject to follow-up testing. The SAP will develop a follow-up testing plan that includes at least six unannounced tests over the first 12 months, but the testing period can extend up to 60 months.
If you fail to comply with the treatment plan or if your return-to-duty test is positive, you will need to restart the process with a new assessment and the sap’s treatment plan recommendation.
What is the reminder notice about direct observation for all DOT return-to-duty and follow-up drug testing?
Key points include:
- Mandatory Direct Observation: The direct observation must be conducted by a same-gender observer who checks for any devices that could be used to cheat the test, in addition to watching the employee urinate into the collection container.
Historical Compliance: This rule has been in effect since August 31, 2009, and applies to all relevant tests, regardless of when the initial testing violation first occurred.
Safety Justification: The requirement is based on safety needs and has been upheld as reasonable and constitutional by the United States Court of Appeals for the District of Columbia Circuit.
Immediate Recollection: If a direct observation collection was not conducted as required, the employer must direct the employee to undergo an immediate recollection under direct observation.
Periodic Reminders: Service agents, including SAPs, collectors, MROs, and TPAs, should remind employers regularly that all RTD and follow-up tests must be conducted under direct observation.
What happens after the treatment is completed?
What types of drug and alcohol tests will be required during and after the treatment?
During the entire process before and after the treatment, the following types of drug and alcohol tests will be required:
Return-to-Duty (RTD) Test: This test is conducted under direct observation before the employee can return to work.
Follow-Up Tests: The SAP will schedule at least six unannounced follow-up tests over a 12-month period, which can extend up to five years. These tests are also conducted under direct observation to ensure compliance.
Random Tests: In addition to the follow-up tests, the employee will be included in the company’s regular random testing pool and must complete any selections as part of this program.
These tests ensure that the employee remains drug-free and compliant with the company’s drug and alcohol policy.
FREQUENTLY ASKED QUESTIONS
Return-to-Duty (RTD) tests are administered to employees who have violated the drug and alcohol program by receiving a positive or non-negative test result. These tests are directly observed to ensure the integrity of the process. In contrast, pre-employment drug tests are for new hires or employees returning from leave and are not necessarily observed.
Frequently Asked Questions
What type of DOT tests must an employer provide in order to hire a driver who has completed the referral and evaluation process with a Substance Abuse Professional (SAP), but still needs a return-to-duty test before the driver may perform a safety-sensitive function?
An employer must provide a single DOT drug test that satisfies both the return-to-duty and pre-employment testing requirements. This means the driver must pass this test and return to duty tests ensure they are fit to resume performing any safety-sensitive functions.To resume operating a commercial motor vehicle, a CDL driver who tests positive or refuses a DOT drug test must complete the following steps:
1. Evaluation by a SAP: Undergo an initial evaluation by a qualified Substance Abuse Professional.
2. Follow Treatment Recommendations: Follow the treatment and education recommendations prescribed inpatient treatment and by the SAP.
3. Return-to-Duty Testing: Pass a DOT return-to-duty drug test.
4. Follow-Up Testing: Undergo unannounced follow-up testing as directed by the SAP, which may continue for up to five years.
By fulfilling these requirements, the commercial driver then can demonstrate compliance and regain eligibility to operate commercial motor vehicles.