Understanding the Return to Duty (RTD) process is essential if you have violated the Department of Transportation (DOT) drug and alcohol regulations.
The DOT requires employees who have violated drug and alcohol regulations to complete the Substance Abuse Professional (SAP) program before they can return to any safety-sensitive duties. To avoid conflicts of interest, the DOT mandates that SAPs refer employees to third-party education or treatment providers after the initial assessment. This ensures that the process is fair and unbiased.
Understanding the Initial SAP Evaluation
The DOT has specific requirements for SAPs during the initial evaluation:
- Comprehensive Assessment: The SAP will provide a thorough assessment and clinical evaluation. As of January 1, 2023, the DOT allows SAPs to conduct these evaluations remotely.
- Education and Treatment Recommendations: Based on the assessment, the SAP will recommend a course of education and/or treatment. You must successfully comply with these recommendations before returning to safety-sensitive duties.
- Protecting Public Safety: The SAP’s recommendations aim to ensure public safety when you return to your duties.
- Education Options: These can include self-help groups (e.g., Alcoholics Anonymous), community lectures, or bona fide drug and alcohol education courses.
- Treatment Options: These can range from inpatient hospitalization to outpatient counseling programs and aftercare.
Education or Treatment Referral
SAPs will refer you to certified substance abuse treatment providers to avoid delays in your RTD process. However, you are not required to complete your education or treatment with the preferred providers. If you choose a different provider, inform your SAP to ensure their program meets the required recommendations.
Case Management
Your SAP will support you throughout the RTD process. Once you comply with the recommended education or treatment, the SAP will send your evaluation reports and follow-up testing plan to your Designated Employer Representative (DER) or, if you’re an owner-operator, to your Consortium/Third-Party Administrator (C/TPA). The employer will decide if you can return to safety-sensitive duties.
Returning to Work
To return to safety-sensitive duties, you must test negative on a return-to-duty drug/alcohol test. Your employer must carry out and ensure you complete the follow-up testing plan.
Changing Employers
If you change employers, your new employer must request your follow-up testing plan from your previous employer. You need to provide written authorization for this information transfer. If your previous employer is no longer in business, your SAP can send your follow-up testing plan to your new employer at no cost.
However, you may incur administrative fees if you frequently change employers and request your SAP to send your follow-up testing plan each time. Ensure that you provide the necessary authorizations to avoid delays and additional costs.
Final Notes
Your SAP does not keep records of tests conducted by your employer, so if your employer goes out of business, your SAP will not be able to access those records.
This guide simplifies the RTD process, making it easier for you to understand and follow the necessary steps to resume your safety-sensitive duties.