Did you or one of your truck drivers just fail a DOT drug test or alcohol test?
If so, one of the most important questions that you probably have is ” How long does a return to duty process take? “
The FMCSA Return To Duty process takes at least 12 months from start to finish.
However, It can last as long as you want to make it.
You’re real question is probably “How long will it take before I can drive a truck after I failed a DOT drug or alcohol test?“
I’ve seen that take a couple of weeks or so to get a truck driver rolling again…up to 5 years or even more.
The length really depends on the truck driver that failed or refused the drug or alcohol test!
How much you or they hustle to fix the issue (and their being able to pee clean again) are critical.
The FMCSA ( Federal Motor Carrier Safety Administration) has a very specific process that must be followed.
We can manage your entire drug and alcohol program as part of our comprehensive DOT compliance services!
Here’s a general RTD timeline:
Failed DOT Drug Test
2-3 days after your positive drug test result:
The MRO ( Medical Review Officer ) who reviewed your positive drug test result will:
Report the violation to the Drug and Alcohol Clearinghouse on your employer’s behalf.
Let your company’s Designated Employer Representative (DER) know about the failed or refused drug test.
How long does it take for the MRO to report to the Clearinghouse?
24 to 48 hours. From the FMCSA: “MROs must report results within two business days of making a determination or verification of a DOT required drug test”.
Around the same time, you’ll be notified by the trucking company or bus company that you work for that you’ve failed a DOT drug or alcohol test. In the FMCSA regulations, this is known as being “removed from a safety sensitive function “.
Your company will:
- Tell you that you can’t drive for them (or anyone else) until you complete the return to duty process.
- Probably terminate your working relationship because of this DOT violation.
- Provide you with a list of names of SAPs in your area.
Beginning in 2023, the FMCSA will include any drug or alcohol violations in the Unsafe Driving CSA BASIC score. Check out this article on FMCSA CSA Changes to learn more about this change and many others!
The Role of the SAP
If you fail a DOT drug test or DOT alcohol test, you must be evaluated by a SAP to determine if you are suffering from a substance abuse disorder.
To do this, you have to reach out to an SAP to schedule a time to meet. (Most SAPs prefer face to face meetings, but some will agree to meet virtually).
Some trucking companies may forget to provide you with a list of SAPs, even though they’re required to under the FMCSA return to duty process regulations.
Don’t worry, we’ve got you!
Pro Tip:
To find a great list of substance abuse professionals (SAPs), just Google: ” return to duty SAP near me “. When we’re handling the RTD process for a trucking company, we just use SAPList.
What is a Substance Abuse Professional (SAP)?
A SAP ( Substance Abuse Professional ) is a qualified substance abuse mental health provider that specializes in helping people who use drugs or alcohol. If you fail a required DOT drug or alcohol test, you’ll have to undergo an substance abuse evaluation with an SAP.
This is commonly known as the DOT SAP process.
The SAP will:
- Determine the extent of your drug and/or alcohol condition
- Develop a return to duty program that you have to complete
- Prescribe how many “follow up DOT drug tests ” you’ll have to complete in the coming year(s)
Subatance Abuse Evaluation
1-3 days after your notified about the positive drug test result:
Immediately after you’re notified that you failed the drug or alcohol test, you should make an arrangement to meet with an SAP. It’s up to you as to how long this takes.
As you can see, the quicker that you or your driver see an SAP, the better!
The SAP will evaluate the extent of your drug and/or alcohol problem and prescribe a certain program or educational course that you have to complete before they’ll release you from their care.
SAP Treatment Program
1 Week to 1 month+ after the initial SAP evaluation:
You’ll work on completing the program that the SAP lays out during your evaluation meeting.
How long does the SAP program take?
It all depends on you and how the SAP feels about your condition. Depending on the SAP’s evaluation, you may have to complete an education course, counseling, and/or rehabilitation.
Some programs are quick and easy and others can take a couple of months and involve inpatient treatment at a rehab facility.
(Only you and the SAP can really determine how long this part of the process will take.)
Release from SAP Treatment
1-3 days after program completion:
You’ll meet with the SAP again and they will officially release you from their treatment program.
They will notify the Drug and Alcohol Clearinghouse that the SAP’s treatment plan is complete and you’re now eligible for return to duty drug test.
They will also provide you with a release letter. It’s critical that you keep this document!
This release letter will outline any follow up treatment that’s required and will also let your future employer(s) know that you:
- Have completed an SAP educational program, as required.
- Are now eligible for a return to duty drug test or a return to duty alcohol test.
- Have to complete a certain number of random drug tests or alcohol tests within a set number of months or years.
Return To Duty Testing
After your released from the SAP’s care:
You’re now eligible to be a commercial truck driver again!
But, you first have to complete and pass a return to duty test (often called an RTD test) and/or a return to duty alcohol test.
This test will be done under “direct observation“, meaning that someone will watch you pee in the cup.
This test can (and often does) count as your pre-employment drug test for a new trucking company.
Pro Tip:
A regular Pre-Employment Drug Test doesn’t count for RTD Testing purposes.
But, a negative RTD test can count as a pre-employment drug test.
So, save time and money by just completing an observed return to duty test as your pre-employment drug test.
Getting Back To Work
1-3 days after you complete your return to duty drug test:
You’ll be notified of your test results. If they’re negative, you’ll be able to legally operate a commercial motor vehicle again.
It’s the responsibility of your new transportation company to report the negative RTD drug test or alcohol test to the FMCSA Clearinghouse.
They must have a “Full” DOT Drug and Alcohol Clearinghouse query that shows your negative RTD test on file before you can drive for them.
DOT Follow Up Process Steps
1 year to 5+ years after you begin working again:
You’ll have to undergo several random drug tests or random alcohol tests as prescribed in the SAP release document.
These “follow up drug tests” will be:
- Randomly spaced out over the course of at least a year
- Completed under direct observation
Generally, the “standard” is 6 random tests in the course of the first year back.
It’s the responsibility of your new company to conduct these tests.
DOT compliance services companies (like My Safety Manager) can help manage this drug testing process as well.
Sometimes things don’t always work as planned. So, be sure to alert your dispatcher or manager if you haven’t had a follow-up test in a couple of months.
It’s the company’s job to do these, but it’s your driving career at stake here! Make sure that they do their job for you!
Completion of the DOT Return-To-Duty Process
After your final negative follow-up test:
Once you’ve completed your final follow up test, your company will have to report to the DOT Drug and Alcohol Clearinghouse that your follow up testing program is complete.
Once this happens, your return to duty process is oficially complete!
All of the information related to your failed or refused DOT drug test or alcohol test will stay on your Drug and Alcohol Clearinghouse record for 5 years after the violation is initially reported.
RTD Frequently Asked Questions
What is the return to duty process?
If a CDL driver fails or refuses to take a required DOT drug test or alcohol test, they must complete the return to duty process before they can legally drive a commercial motor vehicle again.
The RTD process includes:
- Substance abuse professional (SAP) evaluation
- Completion of a required training/education program
- Return To Duty drug and/or alcohol testing
- Follow-up testing
Once a driver has completed a DOT return-to-duty (RTD) drug and/or alcohol test, they are qualified to perform safety-sensitive functions again.
How Much Does the Return-To-Duty process cost?
Count on it being over well over $1,000.
The RTD testing is generally $50 per test. This cost is usually handled by your new trucking company.
The follow up test are around the same cost. Trucking companies will generally cover this cost as well, but some will take it out of your settlement. Be sure to check with them to see.
The Clearinghouse Return to Duty process doesn’t cost anything to participate in.
The SAP return to duty costs can vary wildly depending on which SAP you select, the services that they provide and the extent of the SAP return to duty process or program.
Generally, you can expect to pay $500 to thousands of dollars for these costs. This almost always falls directly on you.
Will My CDL be Suspended If I Fail a Drug Test?
Yes! Your CDL will be suspended if you fail a drug test.
Beginning November 18, 2024, all State DMVs will be required to query the FMCSA Drug and Alcohol Clearinghouse before before issuing, renewing, or upgrading a CLP, issuing an initial CDL, issuing a non-domiciled CLP or CDL, as well as before CDL transfers, renewals, and upgrades.
If the DMV receives notification that the driver is prohibited from operating a commercial motor vehicle in the Clearinghouse, they must not complete the upgrade and must initiate a downgrade in accordance with § 383.73(q). A downgrade has the same legal effect as a suspension.
So, the State DMVs aren’t necessarily going to go on a hunt to track down the 168,500 or so drivers who are currently prohibited in the Drug and Alcohol Clearinghouse, but they should be downgrading the CDLs of prohibited drivers at their next interaction.
Final Thoughts
Failing a DOT drug test or alcohol test is a serious issue that can easily end a truck driver’s career. The FMCSA has outlined a very specific “return to duty ” process that must be folllowed when this happens.
Any truck driver who fails a test must immediately be removed from all safety sensitive functions (driving).
Then, they have to be evaluated by a Substance Abuse Professional (an SAP).
Once the SAP evaluation is complete, the driver will have to complete a prescribed drug and/ or alcohol abuse program.
Afer that, they’re eligible to complete a RTD test and may start driving again.
Once they are driving, they will have to undergo at least 6 random drug tests and/or alcohol tests within the first year following a DOT drug or alcohol violation.
After all of the follow up tests are completed, the truck driver will have officially completed the full DOT return to duty process.
All in, completing the process takes at least 12.5 months and the violation will continue to show on the driver’s FMCSA Clearinghouse record for up to 5 years.
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