DOT Drug Testing: Compliance, Consequences & How to Navigate the Return-to-Duty Process

DOT Drug Testing: Compliance, Consequences & How to Navigate the Return-to-Duty Process 

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

By ASAP Staff

The Department of Transportation (DOT) enforces strict drug and alcohol testing regulations for safety-sensitive employees to ensure public safety. A compliant workplace drug testing policy is critical to adhering to these regulations and managing positive test results appropriately. DOT-regulated employees must undergo drug and alcohol testing at several key points during their employment, including pre-employment, post-accident, random testing, and return-to-duty if needed.  

But what happens if an employee fails a DOT drug test? This article outlines the necessary steps to return to work, the role of a DOT Substance Abuse Professional (SAP), and the key elements of the DOT return-to-duty process. 

What are DOT Drug and Alcohol Testing Requirements? 

DOT-regulated employees must undergo drug and alcohol testing in specific situations: 

• Pre-Employment: A negative test result is required before starting any safety-sensitive job duties. 

• Post-Accident: After certain incidents, employees must remain available for testing until cleared. 

• Random Testing: Employees are randomly selected for unannounced testing throughout the year. 

• Reasonable Suspicion: Testing is required when an employer has reason to believe an employee is impaired based on appearance, behavior, speech, or smell. 

• Return-to-Duty and Follow-Up Testing: After completing the return-to-duty process with a SAP, employees must pass a return-to-duty test and undergo unannounced follow-up testing for up to five years. 

What to Do After Failing a DOT Drug Test? 

A DOT failed drug test can have serious consequences for employees in safety-sensitive roles. The next steps depend on the outcome of the Medical Review Officer (MRO) process. The MRO will review the results of any DOT drug test to determine if it is negative (does not identify drugs or alcohol in the donor’s system) or non-negative (i.e. positive for drugs in the donor’s system). If the test is reviewed to be negative, copy 2 of the Chain of Custody Form (CCF) will be marked to reflect such results, stamped by the MRO office and returned to the employer.  If the results are non-negative, the MRO will proceed with the procedures explained per DOT Rule 49 CFR Part 40. The MRO will continue the process of a non-negative test result by investigating any medically valid reasons for the non-negative test results. In some cases, the MRO may accept a valid prescription from a licensed physician as a medical explanation for the non-negative result. If the prescription meets all requirements and does not impair the employee’s ability to perform their duties, the MRO may report a negative test result, allowing the employee to continue working without any further action.  

To learn more about the role of the MRO visit this post from the Office of Drug and Alcohol Policy & Compliance (ODAPC). 

However, if no valid medical explanation exists, and the MRO reports a positive test, the employee is immediately removed from performing safety-sensitive duties. If the employee is not be terminated, they must begin the DOT return-to-duty process. This process requires an evaluation by a DOT-qualified SAP who will assess the situation and advise the appropriate course of treatment and/or education to be cleared to return to work. 

How to Navigate the DOT Return-to-Duty Process? 

The DOT return-to-duty process is a structured program that allows employees to return to safety-sensitive positions after a positive drug test. Here’s an overview of the steps involved: 

• Immediate Removal from Safety-Sensitive Duties
  Once a positive test is confirmed, the employee must be removed immediately from any safety-sensitive tasks. The employer provides the employee with a list of qualified DOT SAPs. 
• SAP Evaluation and Assessment
  The employee meets with a DOT-qualified SAP, who assesses and evaluates the situation and recommends treatment and/or education. The SAP provides a detailed report to the employer’s Designated Employer Representative (DER). 
• Compliance with Recommendations
  The employee must fully and successfully comply with the treatment and education plan outlined by the SAP. This is crucial for returning to work. The SAP will refer the employee to specific education and treatment programs and monitor progress. 
• Follow-Up Evaluation
  After completing the recommended program, the employee undergoes a follow-up evaluation with the same SAP. The SAP determines if the employee is eligible for a return-to-duty drug and/or alcohol test. 
• Return-to-Duty Test
  The employee must take an observed DOT return-to-duty test(s) with the current employer or future employer. Only a negative result will allow the employee to resume safety-sensitive duties. Even then, the employer has the final say on whether the employee returns to work. 
• Follow-Up Testing
  Upon returning to work, the employee will be subject to at least six unannounced, observed follow-up tests within the first 12 months. The SAP may recommend additional follow-up testing for up to five years. 

What is the Role of the DOT-Qualified Substance Abuse Professional (SAP)? 

A DOT-qualified SAP performs a critical role in helping employees return to work safely after a violation. SAPs serve as neutral parties who evaluate employees and recommend appropriate treatment and/or education based on DOT regulations. They do not decide if an employee should be rehired—that decision rests with the employer. The SAP’s mission for the client is public safety making them a “gatekeeper.” 

SAPs ensure that employees comply with their specific role in the DOT return-to-duty process, including safeguarding both the individual and the public. Their qualifications are carefully monitored and maintained under DOT regulations outlined in 49 CFR Part 40. Working with a DOT qualified SAP is the only way for employees to regain their safety-sensitive status after a failed drug and/or alcohol test. 

Conclusion 

Failing a DOT drug test does not have to mean the end of a career in a safety-sensitive role. By following the DOT return-to-duty process and working with a qualified SAP, employees have a clear path to returning to work safely. The current employer or a future employer plays a vital role in supporting employees through the DOT SAP program, ensuring compliance with federal regulations while maintaining a safe workplace. 

If you or your employees need assistance with the return-to-duty process, American Substance Abuse Professionals (ASAP) can help. With a nationwide network of DOT-qualified SAPs and an 85% success rate, ASAP guides employees through the process, helping them get back to work as quickly and safely as possible. Contact us to learn more.  

 

Copyright © 2010-2025 American Substance Abuse Professionals – No portion of this article may be reproduced, retransmitted, posted on a website, or used in any manner without the written consent of the American Substance Abuse Professionals. 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/finding-DOT-qualified-SAPs/  

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

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

 

FAQ 

https://go2asap.com/service/employer-faqs/  

https://go2asap.com/clearinghouse/clearinghouse-faqs/