We’ve previously covered what to do when you’re faced with different situations involving a non-negative drug test result, but what happens when the employee who produced it is ready to go back to work?
They must first complete what’s known as the return-to-duty and follow-up testing process.
It’s important to note that any failed DOT drug tests, including refusals to test, that your CDL drivers produce will be added to their FMCSA Drug and Alcohol Clearinghouse record. They will remain on their record until the return-to-duty process has been completed and five years from the date the violation was committed has passed.
A NEW regulation regarding the FMCSA Clearinghouse will go into effect next month, and over 235,000 CDL drivers will have to complete the return-to-duty process to avoid losing their commercial driving privileges. You can find out more by watching our on-demand webinar:
Read on to make sure you’re prepared in the event any of your CDL drivers test positive for drugs or alcohol now or in the future, and get the solutions to these common concerns:
The DOT requires the following specific steps to be taken after a CDL driver fails a drug or alcohol test:
A little more detail on the follow-up tests: once your driver is ready to get behind the wheel once again, their interaction with their designated SAP isn’t over. They must continue with the follow-up testing schedule that’s been assigned to them. Here are the answers to some common questions on follow-up testing.
The DOT requires the SAP to schedule a minimum of six tests over a 12-month period, but the process may include more tests and continue for up to five years. Like the return to duty test, each follow-up test must be taken under direct observation.
No. Just like all other CDL drivers on your roster, the employee must be included in a regular random testing pool and complete any selections they may receive in addition to their scheduled follow-up tests. A random test cannot replace a follow-up and vice versa, since random drug tests are not taken under direct observation.
In addition to complying with RTD regulations, you must also ensure you’re staying on track with any records associated with the return to duty process. You need to follow these recordkeeping requirements even if one employee needs to complete the RTD and follow-up process:
Keep the following records for five years:
Remember, all DOT drug and alcohol testing records must be kept in a secure location with controlled access. Keep paper files locked in filing cabinets, and password-protect your electronic records. Ensure all records are legible and signatures can be authenticated in the event of an audit.
Now that you know all the steps involved in completing and tracking the RTD process, you’re probably wondering how you’re going to do it on your own. The good news? You don’t have to.
A third-party administrator (like Foley) can handle all aspects of your DOT drug and alcohol testing needs, including the RTD and follow-up testing components, as well as FMCSA Clearinghouse compliance.
With our DOT Compliance Platform, Dash, you’ll be able to implement the RTD process for any employee, keep track of their progress, and automatically store all the documentation in their driver file. You won’t have to stress about scheduling the necessary tests or being prepared for a compliance review once it’s all said and done.
If worrying less about DOT drug testing is on your compliance wish list, schedule a FREE software demo with Foley now by clicking here or filling out the form below. Your dedicated Foley account manager can help simplify your DOT compliance needs one return-to-duty test at a time.