Yes. According to 49 CFR 382.705(b)(1)(ii), drivers who do not have a current or prospective employer subject to FMCSA drug and alcohol regulations can still complete the return-to-duty (RTD) test process. By registering as an owner-operator in the Clearinghouse and designating a consortium/third-party administrator (C/TPA), they can take an RTD test and report the negative result. Once the C/TPA uploads the test results, the driver’s Clearinghouse status changes from “prohibited” to “not prohibited,” allowing them to resume safety-sensitive work.
Steps to Complete the RTD Process Without an Employer
- Register in the FMCSA Clearinghouse as an “Employer and Driver” under the owner-operator category. This requires creating a new Login.gov account.
- Designate a C/TPA for managing the RTD process.
- Complete the RTD Test as directed by the C/TPA.
- Ensure the C/TPA Reports the Negative RTD Test Result to the Clearinghouse.
- Follow-Up Testing must be administered by an employer once the driver resumes a DOT-regulated position.
Understanding the Return-to-Duty (RTD) Process
A return-to-duty drug test is required for employees who:
- Tested positive for a DOT drug or alcohol test.
- Refused to take a test.
- Violated DOT drug and alcohol testing policies.
RTD testing is mandatory for safety-sensitive employees, including truck and bus drivers, train engineers, pilots, and subway operators. It involves a directly observed drug test to ensure compliance.
Steps in the Return-to-Duty Process
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Immediate Removal from Safety-Sensitive Duties
- The employer must remove the driver from all safety-sensitive functions.
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Substance Abuse Professional (SAP) Evaluation
- The employer must provide the driver with a list of SAPs.
- The SAP conducts a face-to-face interview to assess the driver’s substance use history.
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Education & Treatment Program
- The SAP prescribes an individualized treatment plan, which may include counseling, education, or rehab programs.
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Follow-Up SAP Evaluation
- The SAP evaluates the driver post-treatment and determines readiness for the RTD test.
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Return-to-Duty Drug Test
- The test is directly observed. A negative result is required before the driver can resume work.
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Follow-Up Testing Program
- A minimum of six unannounced tests over 12 months.
- Follow-up testing may continue for up to five years based on SAP recommendations.
Difference Between RTD and Pre-Employment Drug Tests
While both tests screen for drug and alcohol use, they serve different purposes:
Return-to-Duty (RTD) Test |
Pre-Employment Drug Test |
|---|---|
| Required after a drug or alcohol violation | Required before starting a new job |
| Directly observed | Not directly observed |
| Administered only after SAP clearance | Administered before hiring |
Employees returning from medical leave, re-hiring, or seasonal layoffs should take a pre-employment drug test, not an RTD test.
The Role of a Substance Abuse Professional (SAP)
The SAP plays a crucial role in the RTD process by:
- Conducting an initial face-to-face evaluation.
- Prescribing an education and treatment plan.
- Conducting a follow-up evaluation to determine test eligibility.
- Recommending follow-up testing requirements.
All SAP-directed follow-up drug tests are unannounced and directly observed. Employers must ensure compliance with follow-up testing protocols.
Conclusion
Drivers without an employer can still complete the RTD process by registering as an owner-operator in the Clearinghouse and designating a C/TPA. Once the RTD test is completed and reported as negative, the driver’s status changes to “not prohibited,” allowing them to resume DOT-regulated work. Follow-up testing remains the responsibility of the employer once the driver secures a new position.
By following the DOT-mandated steps, drivers can ensure compliance and regain eligibility for safety-sensitive roles.
For additional details, consult FMCSA guidelines or speak with a qualified SAP.
You can visit the following links for more information:
https://clearinghouse.fmcsa.dot.gov/FAQ/Topics/Return-to-Duty
https://clearinghouse.fmcsa.dot.gov/Resource/Index/RTD-Infographic
