If a driver receives a failed DOT drug test result while delivering a shipment, the employer must remove them from safety-sensitive duties immediately. The FMCSA requires employers to take action NOW—without delay.
However, removing the driver mid-route creates an urgent problem. The shipment is already on the way. You must find another driver to complete the delivery, which will disrupt the process. This delay could cost you time, and in the worst case, no one may be available to finish the job.
You might consider letting the driver complete the shipment before taking action. That would be a serious DOT violation. You could face severe penalties for failing to act immediately.
Failed DOT Drug Test! What’s Next?
If your driver fails a drug test, DOT regulations require you to remove them from safety-sensitive duties immediately. Fortunately, this removal is not permanent. The driver can return to work after completing the Substance Abuse Program with a DOT-qualified professional. This process is called the Return to Duty Process.
The program includes a drug or alcohol treatment plan and counseling. After completing the program, the driver must take a DOT-mandated Return to Duty test. If they pass, they can resume safety-sensitive duties. However, they must also complete at least six random follow-up tests. This Follow-Up Program can last up to five years to ensure compliance.
Follow Up Testing Program
The employer is responsible for managing the follow up program. But the regulations do not specify who gets to pay for it.
If a driver loses his job as a result of a failed drug or alcohol test, then what?
A driver cannot manage his own follow up program. He must either find employment, with the new employer taking responsibility for managing the follow up testing, or he must set himself up as an owner-operator and find a C/TPA willing to take him on.
In any case, the violation is recorded in the FMCSA Clearinghouse, and the driver is not qualified to drive until s/he successfully completes a Return To Duty test.
What if a Driver Refuses to Take a Test?
A refusal to take a DOT drug test is the equivalent of a failed test and must result in immediate removal from safety-sensitive duties. A driver who refuses a test is reported to the Clearinghouse and is subject to the Return to Duty process.
The exception to this is a pre-employment test (the driver may not be mandated to go through the Substance Abuse Program). However, the company looking to employ them cannot hire them for safety-sensitive positions.
Record Keeping
As an employer, you must keep a record of any and all positive or refused drug or alcohol tests for five years. Until January 5, 2023, you will be required to produce such records should they be requested about a former employee during the three year history check. After that date, a Clearinghouse pre-employment query will satisfy that requirement.
Whether you are a driver or an employer, it is essential to understand the consequences of a driver failing a drug test. Continuing to allow such a driver in a safety-sensitive position without having completed the Return To Duty process can subject both driver and employer to severe penalties from the FMCSA.
A failed drug test is not the end of the road. Returning to work is a simple, but necessary process.
If your driver fails a drug test, make sure you understand the RTD and Follow Up Process. Need a C/TPA that will help you though the process? Call InOut Labs today.
