No Expiration on the Return-To-Duty Requirements

An employee/applicant who has violated a DOT regulation is prohibited from returning to the performance of safety-sensitive functions for any DOT-covered employer until the individual successfully completes the return-to-duty process described in Part 40, Subpart O. The date of the violation has no impact on this requirement. For example, an employer, interviewing an applicant in 2017 who had a positive test in 2012, may assume since the positive test was five years ago, this individual can be hired without ensuring he or she completed the return-to-duty process. This assumption is false; the applicant must still be able to demonstrate successful completion of the return-to-duty requirements of Part 40. Learn More