Department of Transportation Substance Abuse Professional Assessments
The Department of Transportation (DOT) implemented a drug & alcohol protocol for employees working in industries regulated by DOT. This was done to ensure that all transportation providers are drug and alcohol free. Some of the industries that must adhere to the regulations (49 CFR Part 40) are:
- Federal Motor Carrier Safety Administration (FMCSA)
- Federal Railroad Administration (FRA)
- Federal Aviation Administration (FAA)
- Federal Transit Administration (FTA)
- Pipeline and Hazardous Materials Safety Administration (PHMSA)
- United States Coast Guard (USCG)
Employers in each of these industries will randomly drug and alcohol test employees that are considered “safety-sensitive”. Once notified, the employee must report immediately to the testing site. The test covers: cocaine, marijuana, amphetamines, opiates, phencyclidine (PCP) , and alcohol. The urine specimen is then processed by a laboratory and the results are reviewed by a Medical Review Officer (MRO). It is up to the MRO to review the results and other resources if necessary (ex: interview with you, medical records, prescription records) to validate the results. If they are negative, the results are forwarded to the employer and the employee may return to work. If they are positive, the employee must complete a process to be eligible to return to work.
Return-to-Duty Process
If the results are positive, the employee must immediately be removed from safety-sensitive job duties such as operating any motor vehicle (planes, trains, automobiles, etc.) and servicing of motor vehicles. The employee must then receive an assessment from a Substance Abuse Professional (SAP) and follow all recommendations before eligibility to return to work.
1. Starting Point: The Clearinghouse
Everything for the Return-to-Duty process begins with creating you Clearinghouse account. There’s no better explanation about the Clearinghouse than straight from the website:
The Clearinghouse is a secure online database that gives employers, FMCSA, State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. An act of Congress directed the Secretary of Transportation to establish the Clearinghouse.
The Clearinghouse enables employers to identify drivers who commit a drug and alcohol program violation while working for one employer, but who fail to subsequently inform another employer, as required.
Federal Motor carrier safety administration (FMCSA)
2. Evaluation by Substance Abuse Professional (SAP)
An assessment by a SAP is a face-to-face interview in which treatment and follow-up recommendations are provided to the employee and employer. When the employee has successfully completed all the requirements, a follow-up appointment is made with the SAP to assess the success of the treatment and to notify the employer that the employee is eligible to return to work. The employer will then be notified of the employee’s completion and the employee can return to work.
3. Treatment Recommendations
After your evaluation, the SAP will provide you with the next steps to complete. Whether they are education classes or treatment, you must complete all the recommendations that come from that initial evaluation.
4. Follow-Up Meeting
When you have completed the recommendations, you have one more meeting called the Follow-Up with the SAP. This is to:
- Verify Completion: The SAP reviews documentation to confirm that everything has been successfully completed.
- Clinical Re-evaluation: This is not meant to be as extensive or in depth as the evaluation was, but an important one to ensure the employee is ready to return to work.
- Safety Compliance: The meeting ensures the employee poses no safety risk.
After the Follow-Up meeting, the SAP does two things behind the scenes:
- Authorizes a Return-to-Duty Test: The SAP provides a completion report to the Designated Employer Representative (DER) authorizing the employee to take the required return-to-duty drug or alcohol test.
- Establishes the Follow-Up Testing Plan: The SAP creates a written, unannounced testing plan (at least six tests in the first 12 months) to ensure continued sobriety. Important: the employee does not receive this plan!
5. Go Back to Work
You’re done! Contact work, your supervisor, your HR department, etc. to setup the steps there for work.
As an established SAP, I can assure to:
- Start the process of initial evaluation as soon as possible. The sooner the process is started, the sooner the you can return to work!
- Provide a complete, easy to understand, and detailed clinical assessment and follow-up treatment recommendations
- Recommendations and treatment tailored to the needs of the employee
- Guidance on the Return-to-Duty process for both employee/employers
To begin the assessment process, please contact us at (202) 630-1765 or use the contact form below to send a message.