What is the FMCSA Return to Duty Process?

In the early nineties, the Federal Government recognized the need for the transportation industry to be drug and alcohol-free since it utilizes public routes. As a result, they passed the Omnibus Transportation Employee Testing Act which requires all FMCSA (Federal Motor Carrier Safety Administration) mandated employees to undergo drug and alcohol testing at designated times. It also outlines a strict FMCSA return to duty process for employees that fail or refuse drug or alcohol testing.

How Does the Omnibus Transportation Employee Testing Act Affect FMCSA Regulated Employees?

FMCSA mandated employees include any CDL driver that uses public roadways as a form of transportation. These safety-sensitive employees perform functions that can put themselves and the public at risk. Remaining drug and/or alcohol free is imperative to being employed as a safety-sensitive employee. If an employee fails a drug and/or alcohol test they will immediately be removed from their safety-sensitive duties and have to go through the return-to-duty process. In addition, operators and contractors are responsible for adhering to the Omnibus Transportation Act and reporting all drug and alcohol testing to the Clearinghouse.

When Do FMCSA Regulated Employees Have to Take a Drug and/or Alcohol Test?

FMCSA mandated employees considered safety-sensitive must take drug and alcohol tests upon hiring and at specific intervals throughout their employment. Every year a certain number of employees must be tested for an employer to stay in compliance with DOT regulations. In addition, employees must be tested following certain types of accidents and if there is reasonable cause to suspect an employee is under the influence of drugs or alcohol. Employees also must take a drug and/or alcohol test before returning to work as part of the FMCSA return to duty process.

What is the FMSCA Return to Duty Process?

The FMSCA return to duty process is relatively straightforward and must follow the policies outlined by the DOT for all safety-sensitive employees. The first step following a failed or refused drug and alcohol test is to find a qualified Substance Abuse Professional (SAP) who will assess the employee and recommend a personalized treatment plan. The employee must then complete the plan, return to the SAP for a follow-up evaluation, and, if compliance is observed, submit to a return to duty drug and/or alcohol test.

Finding a SAP Near You

If you have failed a drug or alcohol test and are starting the FMCSA return to duty process, SAP Referral Services (SRS) can help. We have helped tens of thousands of FMCSA regulated employees find available Substance Abuse Professionals quickly. Contact us today to get started.