How the DOT Return-to-Duty Process Works Return-to-Duty Process Works
If you have violated a DOT drug or alcohol regulation, you cannot return to DOT safety-sensitive duties until you have successfully completed the required SAP Return-to-Duty process. The process is structured, but it becomes much easier to understand when it is broken into steps.
You Are Removed From Safety-Sensitive Duties
Following a DOT drug or alcohol regulation violation, the employee must stop performing DOT safety-sensitive functions. Examples may include a verified positive DOT drug test, a DOT alcohol result at or above the applicable threshold, a refusal to test, an adulterated or substituted specimen, or another covered DOT violation. Do not imply that the SAP decides whether the original violation was valid.
Contact a DOT-Qualified Substance Abuse Professional
The Return-to-Duty process begins with an evaluation by a DOT-qualified Substance Abuse Professional. The employee may contact Addiction Recovery Partners directly to establish SAP services and arrange the initial evaluation.
FMCSA Drivers — Designate Your SAP in the Clearinghouse
FMCSA-regulated CDL/CLP drivers with a violation recorded in the Drug & Alcohol Clearinghouse must designate their SAP through their Clearinghouse account. The employee should first contact Addiction Recovery Partners, then log into the Clearinghouse, select Linda Salvucci, PhD, LIAC, MAC, SAP, and submit the designation request. Dr. Salvucci accepts the designation and the process can then be documented as required.
Complete the Initial SAP Evaluation
Dr. Salvucci conducts the comprehensive assessment and clinical evaluation required by DOT regulations. The evaluation may include discussion of the circumstances surrounding the violation, alcohol and/or drug-use history, relevant prior treatment or education, previous substance-related concerns, current circumstances, and other information necessary to determine the appropriate recommendation. The purpose is not punishment; it is to determine what assistance, education, and/or treatment is appropriate before the employee may become eligible to return to safety-sensitive duties.
Receive the Education and/or Treatment Recommendation
After the initial evaluation, Dr. Salvucci determines the appropriate education and/or treatment recommendation. Recommendations are individualized and may include a bona fide substance-use education program, counseling, outpatient treatment, more intensive treatment when clinically appropriate, support-group participation when appropriate and independently verifiable, or other appropriate interventions. Do not imply that every person is required to enter treatment.
Complete the Required Education and/or Treatment
The employee must successfully complete the SAP's recommendations before moving to the follow-up evaluation. The SAP must obtain appropriate documentation from the education or treatment provider. Employees should follow the recommendations carefully and make sure the provider understands that documentation must be supplied to the SAP.
Complete the Follow-Up SAP Evaluation
Once the required education and/or treatment has been completed, Dr. Salvucci conducts the required follow-up evaluation. She reviews appropriate documentation and determines whether the employee has successfully complied with the original recommendations. If successful compliance has been demonstrated, the employee may become eligible to proceed to Return-to-Duty testing. This does not mean the SAP has returned the employee to work; employment decisions belong to the employer.
Employer Arranges the Return-to-Duty Test
After the SAP determines successful compliance, the employer or designated employer representative arranges the official DOT Return-to-Duty test. The SAP does not order or administer the official Return-to-Duty test. The required negative result must be received before the employee may resume DOT safety-sensitive duties.
What If the Employee Is No Longer Employed?
Successfully completing the SAP evaluation process does not itself place an employee back into a job. An employee who is not currently working for a DOT-regulated employer may need to obtain employment with an employer willing to complete the remaining employer-controlled Return-to-Duty requirements. The SAP cannot guarantee that an employer will hire, rehire, or return an employee to safety-sensitive duties.
Follow-Up Testing
After successful compliance is established, the SAP creates a written follow-up testing plan. The employer is responsible for implementing that plan. DOT regulations require at least six unannounced follow-up tests during the first 12 months following return to safety-sensitive duties, and additional testing may continue for up to five years when appropriate. Employees are not provided advance notice of the dates of these tests.
The SAP reports required Return-to-Duty information to the Clearinghouse for applicable FMCSA drivers, including the initial SAP assessment date and the date the driver is determined eligible for Return-to-Duty testing. The employer is responsible for reporting the negative Return-to-Duty test result.
How Long Does the SAP Process Take?
There is no single standard timeline. The amount of time depends on:
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The SAP recommendations
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Availability of education or treatment
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How quickly the employee begins
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Employee participation
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Successful completion
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Receipt of documentation
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Scheduling of the follow-up evaluation
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Employer arrangements for Return-to-Duty testing
Convenient Remote SAP Evaluations
DOT-qualified SAP evaluations may be conducted remotely using appropriate real-time audio and video technology when applicable requirements are satisfied. Remote appointments provide a convenient way to complete the SAP evaluation without unnecessary travel.