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

By: ASAP

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 company policies, Federal regulations, and the specific circumstances surrounding the failed test. Here are some general considerations:

1. 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.
2. 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. Upon failing a drug and/or alcohol test for CDL drivers, 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.
3. 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.
4. 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.
5. 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.