Employee Failed Drug Test – Employer Education

One of your employees has tested positive in the required DOT drug or alcohol test. What happens next when you receive an employee failed drug test? When an employee fails a drug test, it is required that you immediately remove said employee from all the DOT safety sensitive functions. Don’t wait for a written report from a Medical Review Officer and/or a split specimen test; even if one has been requested by the employee. A verified and positive DOT drug or alcohol test is a direct violation of the federal drug and alcohol testing regulations and is to be taken very seriously.

Employer Requirements After an Employee Failed Drug Test

You must provide an employee/applicant who has tested positive for drugs and/or alcohol in pre-employment (which includes an applicant or new employee), reasonable suspicion, post-accident, random, return-to-duty and follow-up testing with either a list of qualified Substance Abuse Professionals (SAPs) or a referral to a qualified service agent such as SAP Referral Services. An employer will not be required to pay for the employees evaluation or treatment.

To once again be able to perform the safety sensitive duties, the employee who tested positive must successfully finish the DOT return to duty process. What this process involves is a face-to-face evaluation by a DOT qualified SAP, completing treatment and/or the education that has been recommended by the SAP and a follow-up evaluation by the SAP. The DOT SAP process can vary and depends on the level of treatment and education that was recommended for the employee as well as the employee’s effort in these processes. Remember the SAPs function is to hold up public safety, not to advocate for your employee.

When you have been notified that the employee has successfully completed the recommended treatment an/or education program recommended by a qualified DOT SAP, you can then return the employee to work a safety sensitive duty (if you so choose) pending a negative return to duty test. The employee must be placed in follow-up testing recommended by their SAP.

If you have an employee/applicant who has failed a drug test, SAP Referral Services can help. Click here to get in touch to learn more about our services.