Helping FMCSA Employers Understand DOT Workplace Violations

Employers of DOT (Department of Transportation) mandated safety-sensitive FMCSA employees are responsible for ensuring that these employees follow all drug and alcohol regulations. Should DOT workplace violations occur, employers must follow proper steps. First, they must remove the employee from their safety-sensitive duties. Next, DOT workplace violations require an employee to work with a qualified SAP and begin the return-to-duty process.

Important DOT Drug and Alcohol Regulations

In 1991, US Congress passed the Omnibus Transportation Employee Testing Act, requiring all result of several tragic accidents, making it clear there was a danger to society if drivers are operating vehicles under the influence. As a result, these employees must adhere to drug and alcohol testing.

What FMCSA Employers Must Do

One way employers uphold DOT regulations is through random testing of applicable employees. Currently, the FMCSA requires random drug testing at a minimum rate of 50 percent of covered employees. Additionally, employers may require testing for employees with suspected violations of the policy.

If an employee fails or refuses to participate in testing, the employer must immediately remove them from all safety-sensitive duties. Additionally, as of early 2020, all violations of the drug and alcohol policy are required to be reported to the FMCSA Clearinghouse. This new rule includes positive drug results, alcohol results with a BAC of 0.04 or higher, refusals to test, and other non-test violations. Employers must submit a report to the FMCSA by the end of the third business day after the original incident.

If they violate the drug or alcohol policy, an employee must work with a DOT qualified Substance Abuse Professional (SAP) to complete the return-to-duty process. The SAP will evaluate the employee (face-to-face), recommend a course of treatment and/or education, and will advise if and when they can submit to return-to-duty testing.

Manage DOT Workplace Violations with SAP Referral Services

After DOT workplace violations, FMCSA employers must provide a list of SAPs to their employees so they can seek the treatment they require. However, it’s not that simple. SAPs have revolving qualifications they need to upkeep. If they let any of their qualifications expire, the SAP is no longer “DOT qualified.” If an employee completes their return-to-duty process with an unqualified SAP, they will have to repeat the entire process.

It’s a tremendous task confirming that all SAPs on a list are up to date on qualifications before recommending them to employees. An easy solution is to partner with SAP Referral Services (SRS). With SRS, the burden is taken off of you. We have access to providers in over 3,000 locations so we can connect employees with qualified SAPs across the country. Contact us today to simplify your responsibilities and to give your employees the tools they need.

SAP Referral Services (SRS) is the leading facilitator for mandated substance abuse evaluations. SRS maintains an extensive network of qualified providers in more than 3,000 locations nationwide for testing violations that originate from any of the DOT’s modes including FMCSA, FAA, FRA, FTA, USCG and PHMSA, or a company’s internal drug and alcohol testing policy.