(Failed drug and/or alcohol test, refused the test, or have drug/alcohol violation according to DOT, NRC or company policy.)
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All DOT regulated safety-sensitive employees/candidates employed in the aviation, railroad, public transit, trucking, maritime, and pipeline industries who have violated federal DOT drug and alcohol testing rules with a positive test result, a refusal to test or other violation.
If you fall under Federal Aviation (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), Pipeline and Hazardous Materials Safety Administration (PHMSA) or the United States Coast Guard (USCG) and you failed or refused a DOT drug and/or alcohol test you must still complete the return-to-duty process in order to return to safety-sensitive duty.
The honest answer is the time it takes to complete the SAP portion of the DOT return-to-duty process varies per case. The SAP will make a clinical assessment and recommend treatment and/or education based on your individual needs. Note: The SAP must make a recommendation for some level of care per DOT CFR 49 Part 40, Subpart O and is required to refer their recommendations outside of their office. Beware if a SAP gives you an exact timeline on when you can complete the RTD process and recommendations before you start the process.
Yes. Once you have violated the Department of Transportation (DOT) drug and alcohol testing regulations, you are considered ineligible to perform safety-sensitive duties for any employer until you have completed the return-to-duty process.
The requirement to downgrade commercial driver’s license (CDLs) of drivers in a “prohibited” Clearinghouse status rests on the safety-critical premise that drivers who cannot lawfully operate a commercial motor vehicle (CMV) because they engaged in prohibited use of drugs or alcohol or refused a drug or alcohol test should not hold a valid CDL or commercial learner’s permit (CLP). The Clearinghouse-II final rule (86 FR 55718) supports FMCSA’s goal of ensuring that only qualified drivers are eligible to receive and retain a CDL, thereby reducing the number and severity of CMV crashes.
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.
Source: https://clearinghouse.fmcsa.dot.gov/FAQ/Topics/CDL-Downgrades
Yes, you must test negative on an observed DOT return-to-duty (RTD) drug/alcohol screen before returning to DOT safety-sensitive work. Your employer or prospective employer will request the RTD test, which supersedes a pre-employment test in this situation. You are also subject to unannounced and observed follow-up tests for a period of 1 to 5 years according to a plan determined by the SAP and provided to your employer.
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