When a driver fails or refuses a drug or alcohol test, serious consequences follow. The situation becomes complicated quickly. Employers and drivers must understand the Return-To-Duty (RTD) process. This is essential to resolving FMCSA Clearinghouse Violations.
After selecting a Substance Abuse Professional (SAP), the driver must designate them in the Clearinghouse. The SAP cannot enter any RTD information until they approve the driver’s request. This step is mandatory in addressing FMCSA Clearinghouse Violations.
SAPs must record specific details about a driver’s RTD process. Before they can enter this data, they must approve the driver’s designation request. That means the driver must take the first step and initiate the request.
Drivers should contact a SAP before submitting a designation request. Establishing a relationship first ensures the SAP expects the request. If a SAP receives a request from an unfamiliar driver, they should reach out before accepting. This helps streamline the FMCSA Clearinghouse Violations process.
For details on responding to SAP designation requests, download the “How to Report RTD Information Job Aid” (PDF).
What Do SAPs Report in the Clearinghouse?
Once a SAP accepts the designation request, they can report RTD information. SAPs only record two key details in the Clearinghouse:
- The date of the initial SAP assessment.
- The date the SAP determines the driver is eligible for RTD testing.
Once a driver is eligible for RTD testing, their employer must schedule the test. If the driver is unemployed, they must find an employer willing to sponsor them. This employer will oversee the remaining RTD process. Employers also record when a driver passes the RTD test and completes the follow-up testing plan. FMCSA Clearinghouse Violations remain unresolved until all steps are completed.
If a driver cannot secure employment, they may need to start their own company as an Owner-Operator. In this case, they must find a Consortium/Third-Party Administrator (C/TPA) to manage their RTD process. This option involves extra costs but may be the only legal path back to work. Understanding FMCSA Clearinghouse Violations is crucial for any driver seeking reinstatement.
