When a truck driver fails a DOT drug test, it’s not just the driver who’s affected. Employers have a legal and practical responsibility to act quickly and correctly. Understanding your role in the DOT SAP return to duty process is vital to stay compliant with federal regulations and help protect your business and the public.
National Drug Screening, Inc can provide expert assistance to employers for all matters concerning US Department of Transportation (DOT) required drug testing.
What Is the Employer’s Responsibility in the Return-to-Duty SAP Process?
Employers play a central role in the RTD process. While the SAP or Substance Abuse Professional evaluates and guides the driver through treatment, it’s the employer who must remove the driver from safety-sensitive duties, inform them of the failed test, and—if the driver remains employed—manage their return once they’ve completed all DOT SAP Program requirements. Even if the driver is terminated, the employer is still obligated to inform them about the SAP process, so they have a path to future eligibility.
Resilient Return can assist employers, applicants and employees with the required referral to a Substance Abuse Professional.
What to Do If a Truck Driver Fails a Post-Accident DOT Drug Screen
1. Remove the Driver from Safety-Sensitive Duties
DOT regulations require that any driver who fails a DOT drug or alcohol test be immediately removed from all safety-sensitive functions, including driving. This is not optional. Keeping a non-compliant driver behind the wheel puts the company at risk of legal and financial penalties and endangers public safety. This step protects not only the general public but also your company’s liability.
2. Inform the Driver
Once you receive confirmation of a failed test result, you must notify the driver right away. This should be done clearly and professionally. The driver has a right to know the result and what it means for their employment. Be direct but respectful and let them know they are now prohibited from safety-sensitive duties and will need to complete the SAP process to become eligible for future work. Even if you plan to terminate the employee, you are still responsible for informing them about the SAP program and their path to potential reinstatement. You can book your SAP service with Resilient Return to begin the process.
Next Steps: The SAP Program
Failing a DOT drug or alcohol test doesn’t automatically end a driver’s career. However, it does trigger a required process before they can return to safety-sensitive work. That process starts with a referral to a Substance Abuse Professional (SAP).
Even if you’re terminating the employee, you are still required under DOT regulations to inform them of their obligation to complete the SAP process. This ensures they understand what’s needed to eventually regain eligibility to drive. Failing to provide this information not only leaves the driver in the dark but can also reflect poorly on your company’s compliance practices.
The SAP is the only person authorized to evaluate the driver, recommend appropriate treatment or education, and determine when they’re ready to take a Return-to-Duty (RTD) test. Once the driver completes the SAP’s recommendations, they can begin the process of requalifying for safety-sensitive work.
Make sure to provide them with clear instructions or a direct link to a qualified SAP provider.
Post-SAP Program: Obtaining a Return-to-Duty Drug Test
Completing the SAP program is only part of the return-to-duty process. Before a driver can legally resume any safety-sensitive duties, they must first pass a DOT return-to-duty (RTD) drug or alcohol test. This test is separate from any treatment or education requirements the SAP may have recommended and must be directly observed.
There are two main ways a driver can obtain this test:
1. Through a Current or New Employer
- If the driver remains employed after completing the SAP program, the employer is responsible for scheduling and administering the RTD test. The driver cannot return to duty until a negative result is recorded in the FMCSA Clearinghouse.
- If the driver finds new employment, the new employer can choose to have the required pre-employment drug test also count as the RTD test—but only if the timing and procedures meet DOT requirements. Employers should be clear on the rules to ensure full compliance.
2. Through a C/TPA (Consortium/Third-Party Administrator)
- For owner-operators or drivers who are currently unemployed, a C/TPA must step in to manage the RTD process. This includes arranging the test, ensuring it is conducted under DOT guidelines, and entering the results into the Clearinghouse.
- C/TPAs act as a bridge between independent drivers and federal compliance systems, making sure nothing falls through the cracks during this critical stage.
If the driver is unemployed a TPA like National Drug Screening can assist with the Return to Duty Testing and getting the driver off the Clearinghouse prohibited list.
FTA Requirements for Employers
Employers regulated by the Federal Transit Administration (FTA) must follow additional guidelines beyond general DOT requirements, particularly when it comes to working with Substance Abuse Professionals (SAPs). These regulations are in place to ensure public transportation remains safe, compliant, and consistent across all agencies and contractors.
One of the most important responsibilities for FTA-covered employers is verifying and maintaining documentation that proves any SAP involved in the return-to-duty process is fully qualified according to federal standards.
Employer Responsibilities for SAP Documentation
FTA employers are required to keep a record of the SAP’s credentials on file before allowing the SAP to evaluate or work with a safety-sensitive employee. This documentation must be readily available upon request from auditors, Medical Review Officers (MROs), or regulatory agencies.
The required documentation includes:
- Proof of Qualification Training – Documentation that the SAP has completed formal training covering the DOT’s SAP guidelines, responsibilities, and evaluation protocols.
- SAP Exam Verification – Evidence that the SAP has passed the nationally recognized exam that tests their understanding of DOT regulations and responsibilities.
- Valid Professional License – The SAP must hold an active license in a relevant field (e.g., social work, psychology, addiction counseling) and be authorized to practice independently.
- Certification Records – If the SAP has any additional certifications (e.g., NAADAC, IC&RC), these must be verified and documented.
- Continuing Education – The SAP must engage in ongoing professional development to remain up to date with changes to DOT and FTA regulations. Employers should keep proof of this continuing education on file.
Ensuring your SAPs are qualified helps safeguard your transit operation and reduces your risk during audits or legal reviews. If a Medical Review Officer (MRO), DOT inspector, or internal compliance officer requests this information, you must be prepared to produce it without delay.
Conclusion
Each employer must have a Designated Employer Representative (DER) to manage the company DOT drug and alcohol testing program. Online DER training is highly recommended.
The DOT SAP return to duty process is a partnership between employers, drivers, and SAPs. Whether retaining or terminating the employee, employers must still inform them of the process and provide appropriate guidance. By following all DOT requirements and maintaining documentation, employers not only stay compliant but also contribute to public safety and driver rehabilitation.
This includes removing the driver from duty, informing them about the SAP program, and handling the return-to-duty test if they stay with your company. Even if you are not keeping the driver, you are still required to tell them about the SAP process so they can work toward becoming eligible again.
By staying on top of your responsibilities, you help protect your company, support your drivers, and keep the roads safer for everyone.
For expert assistance with DOT drug and alcohol testing contact professionals at National Drug Screening.
