A Failed DOT Drug Test or alcohol test is a major problem for both truck drivers and trucking companies.
The process for a commercial truck driver to work in trucking again can be complicated and lengthy.
Let’s break down this process to make it easier to understand.
Failed DOT Drug Test Frequently Asked Questions
About 12 months after you complete the Return To Duty Process. Read more about that below.
A Failed DOT drug test won’t show up on a criminal background check. But, it will show up on a truck driver’s Drug and Alcohol Clearinghouse record.
Yes! Now that the FMCSA Clearinghouse regulations are in full effect, you’ll receive a Clearinghouse Downgrade of your CDL or CLP if you haven’t completed a Return to Duty Test. The FMCSA can’t “suspend” your CDL and the States can’t suspend your CDL for failing a drug test. So, they made test failure or refusal grounds for a CDL downgrade.
A driver that fails a DOT drug test twice would have to go through the whole Return To Duty process again. This is most common during one of the “follow up” tests. Read more about those below.
Absolutely! The FMCSA Drug and Alcohol Clearinghouse became fully operational in 2020. A failed FMCSA drug or alcohol test will show up on your clearinghouse records.
All failed DOT drug tests and alcohol tests are reported to the FMCSA clearinghouse by a Medical Review Officer (MRO). Read More about their role below.
That depends on what you mean by “fight”. If you think that you failed a DOT drug or alcohol test for an understandable reason (like a prescription drug that you take as directed by a doctor), then you’ll be able to discuss that with a Medical Review Officer before they make their determination. If you feel like there was an error in the process, you would have to go through the FMCSA DataQ process to help remedy that.
They’re immediately pulled off of the road. They then have to meet with a SAP, complete a prescribed treatment program, complete a Return To Duty test and test negative for all required follow up testing for up to 1 year after they return to a driving position.
The driver won’t be allowed to drive for any company until they complete the “Return To Duty” process. (It’s the same process that happens when a current driver fails a random DOT drug test above).
You have to go through a complete “Return To Duty” process. Keep reading to learn exactly how that works!
Yes! But, not quite yet. After November 18, 2024 your CDL will be “downgraded” if you fail a drug test after your status is changed to “Prohibited” in the FMCSA Drug and Alcohol Clearinghouse.
The Impact of Failed Drug Tests on the Trucking Industry:
Federal Motor Carrier Safety Administration (FMCSA) data suggests that drug use among commercial motor vehicle drivers is on the rise in the United States. Either that, or it’s just becoming easier to get caught.
Recent Drug and Alcohol Clearinghouse information shows that almost 227,000 drivers have failed a DOT drug test since the DACH went live in 2020.
Of those 227,000 drivers with positive results, over 120,000 haven’t started the Return To Duty process.
To date, only 15,700 or so have actually completed all of their follow up testing.
Over 158,300 drivers remain in a “Prohibited” status. This will cause more serious problems in November 2024, as all of these drivers will lose their CDL and won’t be eligible for another one until they complete the return to duty process.
We could help manage your entire drug and alcohol testing program as part of our comprehensive trucking compliance services!
What Happens If I Fail a DOT Drug Test
A commercial truck driver completes the DOT drug testing specimen collection process (peeing in the cup). That sample undergoes some initial testing at the collection facility and is then sent to a drug testing lab that specializes in DOT drug tests.
If the initial drug test result shows a positive result, then the specimen is then “split-tested” to ensure that that test wasn’t showing a false positive result.
(When their specimen arrived at the lab, it was split into two different containers. 1 was tested and 1 was saved in case of a positive result).
If the second test also comes back as a positive drug test, then the testing lab certifies their results and sends the information to your Medical Review Officer.
In 2023, the FMCSA proposed to get rid of the Drug and Alcohol CSA BASIC and roll all of these violations into the new Unsafe Driving CSA Safety Category. Learn more about these and other upcoming changes to the FMCSA CSA program here!
Failed DOT Drug Test: The Medical Review Officer
Medical Review Officers (MRO) are required to verify all negative and positive drug test results for CDL drivers.
If a drug test is positive, they are required to have a discussion with with the driver prior to certifying their results. This is designed to make sure that the driver didn’t have a valid reason for the positive test.
For example, if a driver is prescribed Ritalin to treat their ADHD/ADD, they could fail a DOT drug test. If they provide a valid prescription for this drug and the MRO can verify it with the prescribing doctor, they may not count it as a failed test.
After the call, the MRO will certify the results and notify the trucking company’s Designated Employer Representative (DER).
Failed Drug Test and the FMCSA Clearinghouse
The FMCSA Drug and Alcohol Clearinghouse (DACH) went live in 2020 and is solely focused on keeping commercial truck and bus drivers with positive drug and/or alcohol tests off of the roadways.
The MRO is also responsible for reporting the failed drug or alcohol test to the FMCSA Clearinghouse. They’re usually pretty quick about doing this.
When hiring a new driver, every employer (or your DOT compliance company ) must make sure that the driver is not prohibited from operating due to a failed DOT drug test or alcohol test.
Making sure that you have a verified “Driver Not Prohibited” Drug and Alcohol Clearinghouse Query is a critical part of each driver qualification file.
Don’t put a driver on the road until you have this in hand!
Beginning on November 18, 2024, a driver who is “Prohibited” in the DACH will have their CDL status “downgraded” by their State.
Per the FMCSA: “The Clearinghouse-II final rule (86 FR 55718) requires that, beginning November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver’s license of an individual subject to the CMV driving prohibition. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.
Currently, some states have the option to voluntarily query the Clearinghouse and downgrade CDLs for prohibited drivers and may do so before the November 18, 2024 compliance date if they choose to.
What this means is that over 158,000 CDL drivers will see their licenses be suspended or “downgraded” beginning in November 2024.
What Happens After a Failed DOT Drug Test
If your driver or “safety sensitive” employee has tested positive for drug or alcohol use, you must immediately remove them from all safety sensitive duties or functions.
This means driving. It doesn’t matter where they are or what they’re doing.
If they’re under a load when you find out, you need to get them off of the road as soon as possible.
If a driver candidate fails a pre employment drug test, you must not allow them to drive for you until they fully complete the FMCSA Return To Duty process. This is outlined below.
The next step is to refer the driver/driver candidate to a local Substance Abuse Provider (SAP). It’s the company’s responsibility to provide this referral information.
You can do that by simply providing them with this website link.
I like this site because it’s free and it’s easy to use. But, you can choose how you would like to comply with the regulations.
Failed DOT Drug Test: The role of the Substance Abuse Professional (SAP)
Substance abuse professionals are trained counselors or psychologists who specialize in diagnosing and treating substance abuse disorders. These providers have to register with the DOT SAP provider registry. If the provider that the driver meets with isn’t on the registry, it doesn’t count!
The SAP will meet with the driver to determine the extent of their substance abuse problem.
After an interview, the SAP will then determine what kind of treatment will be required. This could range from a simple online education program to a full inpatient rehab program. We’ve seen it run the whole range.
Once the prescribed program is completed, the SAP will “release” the driver from treatment and they are then eligible to enter the “Return To Duty” phase.
They will update the driver’s status in the Drug and Alcohol Clearinghouse to “RTD Eligible” and prescribe a number of “Follow Up” tests that must be conducted by the driver’s employer(s) after re-entry.
Failed DOT Drug Test: The Return To Duty Process
The Return To Duty process is the meat and potatoes of how a CDL driver gets back into the trucking industry.
The driver must complete a “Return To Duty” drug or alcohol test. This test is conducted under direct observation from a medical professional at the collection facility.
An employer can count a passed RTD test result as a valid pre-employment drug test. So, there’s no need to conduct two tests here.
Once the driver passes the Return to Duty drug test, they are eligible to drive in commercial trucking again.
Failed DOT Drug Test: Follow Up Testing Process
After completing the SAP prescribed program, the substance abuse provider will determine how many “follow-up” drug tests will be required.
It then becomes the responsibility of the driver’s future employer(s) to ensure that these tests are conducted.
All follow up drug or alcohol testing is also required to be conducted under direct observation.
Failed DOT Drug Test: Completing the Process
Once a driver completes all of the required follow up tests, the employer is then responsible for reporting the completion to the FMCSA Drug and Alcohol Clearinghouse.
Once this has been done, the driver’s DACH records will be updated to reflect that they have completed the entire Return To Duty process.
Going forward, their DACH status will show as “Driver Not Prohibited” again.
Failed DOT Drug Test: Wrapping Up
As you can see, the process to begin driving again once a truck driver fails a DOT drug test or alcohol test can be very long.
Best case scenario, you’re looking at a full 12 month process or more to get everything fixed.
Not only will we help you navigate this process, we’ll make it much easier too!
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