Are Truck Drivers Immediately Terminated For a Failed CDL Drug Test?

Are truck drivers immediately terminated for a failed CDL drug test?

By ASAP

This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein. 

The consequences of failing a Department of Transportation (DOT) drug/alcohol test under Federal Motor Carrier Administration (FMCSA) if you have a CDL (Commercial Driver’s License) can vary depending on a company’s drug testing policy, Federal regulations, and the specific circumstances to best answer what happens if you fail a DOT drug test.  

Employer’s Role in CDL Drug and Alcohol Testing: 

Company Policies: 

Review your (future) employer’s drug and alcohol policies. Companies typically have specific procedures outlined for dealing with failed drug and/or alcohol tests, and these policies often determine the consequences. The company may offer a Second Chance Program of sorts to help support the recovery needs of their employees following Federal guidelines. 

Regulatory Compliance: 

Compliance with Federal regulations, set by the U.S. Department of Transportation (DOT), is crucial. If you hold a CDL, you are subject to DOT regulations, which mandate specific procedures for handling failed drug and/or alcohol tests. For a CDL failed drug and/or alcohol test, companies must immediately remove the employee from safety-sensitive duties and provide them a list of DOT qualified Substance Abuse Professionals (SAPs), under §40.287, to begin the Return-to-Duty (RTD) Process. 

Return-to-Duty Process: 

If you wish to continue working in a safety-sensitive position requiring a CDL, you will need to complete the DOT Return-to-Duty process successfully. This involves assessment by a SAP and compliance with any recommended treatment or education programs they provide. Learn more about what Federal Motor Carrier Safety Administration (FMCSA) return-to-duty process for CDL drivers here. 

Employer’s Discretion: 

Ultimately, the decision to terminate employment or take other disciplinary actions is at the discretion of your employer. Some employers may offer opportunities for a Second Chance Program if the DOT RTD Process is successfully completed, while others may have a zero-tolerance policy. 

Legal and Regulatory Consequences: 

Failing a DOT drug and/or alcohol test can have legal and regulatory consequences. It’s important to understand and comply with DOT regulations, as well as any applicable regulations. Following DOT drug testing procedures will guide employers with drug testing program compliance. 

Conclusion: 

So, what is the next step for employers? An effective drug and alcohol policy is the key to creating a safe, drug-free workplace. Whether your company is seeking assistance with developing a second chance program, seeking training for supervisors or needs a policy, the team at ASAP has the experience, industry knowledge and skills to make it happen.  Contact us to learn more. 

Copyright © 2010-2024 ASAP – No portion of this article may be reproduced, retransmitted, posted on a website, or used in any manner without the written consent of the ASAP. When permission is granted to reproduce this article in any way, full attribution to the author and copyright holder is required. 

 

Additional Reading:  

https://go2asap.com/blog/does-failed-dot-drug-test-go-your-record/ 

https://go2asap.com/articles/completing-the-return-to-duty-process-what-cdl-drivers-need-to-know-about-clearinghouse-ii/ 

https://go2asap.com/dot-drug-test-procedures/  

https://go2asap.com/blog/finding-DOT-qualified-SAPs/