Failed DOT test?

It's official, the guilty look on your driver's face when he wouldn't make eye contact this morning was because he tested positive on a mandatory DOT drug or alcohol test. Now what?

Alvar is one of your best drivers not to mention he picks up all the overtime you offer him making it easy to call him when you are in a pinch and now?

The questions I hear most during this very stressful time from employers are the following :

  • Do I have to fire my employee?
  • I know my driver has to be removed from driving but for how long?
  • If I fire my driver how long before I can re-hire?
  • Is there a mandatory time that my driver has to stay off the road after failing a DOT test?
  • Is there anything for my employees to do?
  • Does my employee have to call somebody right away?

Well, we speak SAP so you don’t have to. The fact of the matter is the answer to many of these questions are governed why just a few DOT regulations.

1. First things first…

Give me the keys

If you have an employee that has received a positive test result on a mandatory DOT drug or alcohol test he or she must be removed from all DOT covered functions immediately. Failure to do so is a direct violation of DOT regulations and can put both you and your employee in serious jeopardy.

Notice the DOT does not require that your employee be separated from his job just that he does not perform DOT covered functions until he Has completed a return to duty process. Employers are free to move employees to any other function if available that is not regulated by the DOT.

2. Get them SAP info…

Give them a list of SAPs or just download the App.

If your employee happens to be younger than forty it may be easier for them to just download “Failed DOT test?” The SAP app is a directory of all the qualified SAPs in your area or wherever your employee happens to be at the moment in the US or Canada.

If you are an employer who has an employee who is required to comply with DOT regulations then you are required to provide that employee with information about qualified Substance Abuse Professionals or SAPs. The SAP app does just that plus answers many of the questions they will have for you about the Return to duty process.


3. Returning To Duty

Talking about returning to duty... In order for your employee to be eligible to perform DOT regulated duties after the violation, he or she must complete the DOT return to duty process. The process involves being assessed by a substance abuse professional or a SAP.

How long the process takes is based on the substance abuse professional's assessment and educational recommendations as well as the employees' consistent attention to the process?

only after the employer has been notified in writing by the DOT substance abuse professional should be employer allow his employee to return to DOT-regulated duties.

All information provided here is based on information from the Department of Transportation and is easily accessible at the Department of Transportation public online access site.

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30 Dec 2019