Last updated: November 27, 2023
The U.S. Department of Transportation (DOT) issued a notice earlier this week directed at Substance Abuse Professionals (SAP). Apparently, some of them have violated proper Return-to-Duty protocol. Of course, this puts them out of compliance and subject to disciplinary action. Worse, though, their misconduct may compromise public safety. The SAPs not following the proper protocol are providing Return-to-Duty timelines to employees who have a drug or alcohol violation before even conducting the required initial evaluation and SAP assessment of the employee.
This not only gives the employee a false sense of security—as in they seem to be assured of being cleared to return to driving—but it undermines the SAPs themselves. The SAP is unable to properly evaluate each individual employee. That affects the entire process because it hampers the SAP’s ability to direct that employee to get the specific help needed. Following procedures in place affords the employee the greatest hope of successfully completing their rehabilitation process.
Safety is the top priority
The DOT stressed the fact that SAPs are not advocates for either employees or employers. Their main obligation is to the public at large. The statement declared that the function of an SAP is to “protect the public interest in safety by evaluating the employee and recommending appropriate education and/or treatment, follow-up tests, and aftercare.”
A proper evaluation is going to direct the individual toward needed education and treatment. In turn, it provides them with the means to succeed. However, SAPs must be mindful of the impact they have on transportation safety as they direct the employee to take specific steps before being considered for probation after completing the return-to-duty process.
They can’t stress it enough
So, we’re going to quote the DOT directly below:
In our longstanding SAP Guidelines, we have told SAPs, “The evaluation should be comprised of a review of the employee’s psychosocial history, an in-depth review of the employee’s drug and alcohol use history (with information regarding onset, duration, frequency, and amount of use; substance(s) of use and choice; emotional and physical characteristics of use; and associated health, work, family, personal, and interpersonal problems); and an evaluation of the employee’s current mental status.”
We want to strongly remind SAPs of the following 49 CFR Part 40 regulatory requirements:
- Provide a comprehensive assessment and clinical evaluation unique to the employee. [See 40.293(a)]
- Recommend a course of education and/or treatment unique to the needs of the employee whom you have assessed and evaluated. You must make a recommendation for education and/or treatment that will, to the greatest extent possible, protect public safety in the event that the employee returns to the performance of safety-sensitive functions. [See 40.293(b) and 40.293(b)(2)]
- In determining what your recommendation will be, SAPs must not take into consideration any of the following:
- Employee claims that the testing process was unjust or inaccurate. [See 40.293(f)(1)]
Employee attempts to mitigate the seriousness of the violation (e.g., hemp oil, “medical marijuana” use, “contact positives”, poppy seed ingestion, job stress). [See 40.293(f)(2)] - Personal opinions about the justification or rationale for the drug and alcohol testing. [See 40.293(f)(3)]
- Employee claims that the testing process was unjust or inaccurate. [See 40.293(f)(1)]
Get in line
SAPs who have been cutting corners and providing employees with estimated Return-to-Duty timelines ahead of schedule need to stop. Time will tell if they will receive official notice to do so because they’re out of compliance and an auditor walks in their door.
The DOT obviously realizes it.
The regulations are in place for a reason. It’s time to toe the line.
