When a driver in a DOT-regulated safety-sensitive role tests positive for drugs or alcohol, or refuses to test, the journey back to the road is not immediate. The Department of Transportation (DOT) enforces a structured Return-to-Duty (RTD) process designed for the safety of the driver, the employer, and the public.
Here are what both carriers and drivers need to know to navigate this regulated pathway.
Employer responsibilities in the RTD process
Carriers must:
- Ensure that substance abuse professional (SAP) qualifications comply with DOT regulations
- Maintain strict confidentiality throughout the RTD process
- Schedule and monitor return-to-duty and follow-up tests without notifying the driver of the testing dates prior to them being directed to the testing site
- Retain SAP reports for a minimum of five years
Employers are not permitted to alter the recommendations made by the SAP and cannot replace the required follow-up tests with other types of testing, such as random tests. Follow-up tests are additional to any other mandated tests, including random and reasonable suspicion tests.
Employers must report the following information to the Clearinghouse within three business days of receipt:
- When a driver has successfully passed a return-to-duty test
- Confirmation that the driver has successfully completed all follow-up tests as required in the SAP report
What triggers the RTD process?
A driver enters the RTD process after violating DOT drug and alcohol regulations. This includes:
- A positive drug or alcohol test
- A refusal to test (including attempts to tamper with the test)
- Any other violation related to substance misuse as defined by DOT regulations
At this point, the driver is prohibited from performing any safety-sensitive duties until the following RTD process is fully completed.
Step 1: Substance Abuse Professional (SAP) evaluation
The first step is a mandatory evaluation by a qualified Substance Abuse Professional (SAP). An SAP performs the following functions for drivers:
- Evaluates the nature of the substance use issue
- Recommends education and/or treatment tailored to the driver’s specific needs
The evaluation may be conducted in-person or remotely, provided that remote evaluations meet specific criteria to ensure confidentiality and clinical standards including:
- Real-time interaction: The technology must facilitate real-time audio and visual interaction between themselves and the driver.
- Quality of technology: The technology must ensure effective communication and evaluation while maintaining confidentiality, adhering to industry standards.
Employers are required to provide a list of SAPs to the driver but are not obligated to cover the costs of these services unless specified by a labor agreement. Additionally, employers cannot charge employees for compiling or providing this list.
Step 2: Education and/or treatment program
Drivers must comply with the SAP recommendation letter, which may include:
- Substance abuse education programs
- Treatment options such as counseling, inpatient or outpatient rehabilitation
- Participation in support groups or aftercare programs
Step 3: Follow-up evaluation
After completing the recommended program, SAPs conduct a follow-up evaluation to determine if the driver:
- Fully complied with the prescribed plan
- Is ready to return to safety-sensitive duties
If the driver is deemed to have successfully completed the recommended program, the SAP issues a report to the employer’s Designated Employer Representative (DER). If not, they will outline further steps, and the employer must not reinstate the driver.
Step 4: Return-to-duty testing
Once the SAP confirms compliance:
- The driver must pass a RTD test with a negative result
- The test must be unannounced and observed
- Only after passing this test can the driver resume DOT safety-sensitive work
It is important to note that employers are not required to return the employee to duty, even with a negative test result.
Step 5: Follow-up testing plan
The SAP also establishes a follow-up testing plan, which includes:
- A minimum of six unannounced tests over a 12-month period
- Possible continued testing for up to five years
- Testing plans may include drugs, alcohol, or both
This plan “follows the driver,” meaning any new DOT-regulated employer must continue it before they can drive in a safety-sensitive function.
The RTD process is designed to ensure that drivers return to duty safely and responsibly. For employers, this process safeguards both compliance and operational integrity. When managed with diligence and care, the RTD process not only facilitates a return to work but also establishes a stronger foundation for a safer future.
