Last updated : November 18, 2024
All employers can drug test an employee who has been allowed to return to work after completing a drug rehabilitation program. However, employers of the general workforce who are allowing an employee to come back to work in this instance may refer to the test as something other than a “return-to-duty” test. That’s because these employers can freely determine the company guidelines for employee drug testing.
That phrase is associated with the Department of Transportation’s (DOT) drug testing program. The DOT is responsible for regulating the safety-sensitive workforce. Therefore, safety-sensitive employers must follow the DOT drug testing regulations to remain in compliance.
The DOT requires safety-sensitive employers to implement several types of drug testing. One of them requires that an employee who fails a drug test complete a customized rehabilitation process. Then, they must receive a negative drug test result to return to work. However, it may not be with the same employer who discovered their drug use.
When is return-to-duty drug testing required?
The three instances that require a return-to-duty drug test are:
- A positive drug test result requiring completion of a customized drug rehab process
- Violation of specific drug and alcohol regulations
- Refusal to take a test
The employer removes the driver from duty immediately in all cases. The violation is reported to the FCMSA Drug & Alcohol Clearinghouse and remains visible on the employee’s account until the return-to-duty process is completed.
One step at a time
After receiving a positive drug test result, the acting Medical Review Officer (MRO) reports it to the employer. The next step is reporting the violation to the FMCSA Drug & Alcohol Clearinghouse within the determined time frame.
The employer gives the employee a list of Substance Abuse Professionals (SAP) in the area. The employee is responsible for contacting and meeting with an SAP. After evaluating the employee, the SAP creates a customized return-to-duty plan for the employee to complete.
The employee completes the steps laid out which include counseling and treatments. The SAP schedules a follow-up meeting and reports the results. The report contains the SAP’s final assessment of the employee’s eligibility to return to safety-sensitive employment.
The last step of the process is the return-to-duty drug test. The DOT mandates that it must be observed so the employee is accompanied to the restroom by a technician of the same sex.
A negative test result means they can return to work, however, a probationary period is set up on a case-by-case basis. The employer informs the employee they must take several random drug tests over a predetermined block of time. All probationary tests must come back negative.
The SAP reports the successful completion of the return-to-duty requirements to the FMCSA Drug & Alcohol Clearinghouse and the employee violation is removed from the database.
Back to work can require a job search
The DOT is responsible for ensuring that our nation’s citizens and anyone else visiting our country can travel the highways safely. Drug testing the drivers employed in the safety-sensitive workforce plays a big part in that. It may also cause someone to realize they should make some life changes.
Even though the phrase return-to-duty sounds like the employee returns to work for the same employer, that isn’t always the case.
Whether or not an employee keeps working for the same employer doesn’t hinge on completing the return-to-duty process. An employer can terminate a driver immediately upon receiving the positive drug test result. The employee’s future employment depends on the company’s written drug testing policy.
Once the SAP clears the violation at the FMCSA Clearinghouse, an employee can begin looking for work. Hopefully, they have acquired all the tools they need to keep them from breaking down and falling into old habits once they get back on the road.
