What’s next? Before an employer allows a driver to return to duty to perform a safety-sensitive function after the driver has violated prohibitions of 49 CFR 382, Subpart B, that driver must first do the following:
1. Be evaluated by a substance abuse professional (SAP)
2. Participate in/complete the treatment program prescribed.
3. Pass a drug and/or alcohol return-to-duty test with following results:
• Alcohol with result indicating an alcohol concentration of less than 0.02; and/or
• Controlled Substances with result indicating a verified negative for drug use.
4. Have a documented follow-up testing schedule.
Employers are responsible for reporting negative return-to-duty test results. This information must be reported to Clearinghouse by the close of the third business day following the date on which the employer obtained the information.
Substance abuse professionals are required to report the following details of a driver’s return-to-duty process in the Clearinghouse by the close of the business day following the assessment or determination:
1. The date of completion of an initial SAP assessment
2. The date of Determination of eligibility for RTD testing
Note that a driver’s education /treatment plan is not recorded in Clearinghouse.
In addition, the Office of Drug and Alcohol Policy and Compliance is issuing a Statement of Enforcement Discretion for Substance Abuse Professionals (SAP) that is effective January 1, 2023. The document authorizes SAPs to conduct remote assessments and evaluations for employees with drug and alcohol violations.
You can view the guidance document at:
https://www.transportation.gov/odapc/statement_of_enforcement_discretion_SAPs
