Remove the employee from safety-sensitive duty immediately and refer them to a DOT-Qualified SAP. Do not allow them to return to duty until the full SAP process is complete and a return-to-duty drug test has been passed.
DOT regulations require removal from safety-sensitive duty but do not mandate job retention. Consult with your HR counsel on termination decisions as additional employment laws may apply.
The Clearinghouse is a federal database that tracks DOT drug and alcohol violations for commercial drivers. Employers are required to query it before hiring a new driver and annually for all current drivers. Violations remain until the full return to duty process is complete.
The SAP must be federally qualified under 49 CFR Part 40. Employees have the right to choose their own qualified SAP. We are available to serve as your preferred SAP partner.
Employers can refer employees by contacting our office directly. We work with employers, owner-operators, consortiums, and third-party administrators to ensure DOT compliance throughout the Return-to-Duty process.