Failure of a non-federal drug test does not carry the same consequences as failing a federal drug test. It also does not qualify as Actual Knowledge under DOT regulations.
However, when a CDL driver fails a non-DOT drug test, they become medically unqualified to perform safety-sensitive duties. Under 49 CFR Part 391.41(b)(12), the employer must remove the driver from driving responsibilities. The driver remains medically unqualified for as long as they continue prohibited drug use.
Before the driver can return to safety-sensitive work, such as driving, a Certified Medical Examiner must examine them. The examiner may decide that the driver needs to consult a Substance Abuse Professional (SAP), complete a drug rehabilitation program, or take another drug test with a negative result.
Once the Certified Medical Examiner confirms that the driver no longer uses drugs, the employer may restore the driver to safety-sensitive duties. Because this situation involves a non-Federal drug test, the requirements of 49 CFR Parts 382 and 40, including the formal Return-To-Duty process, do not apply.
