Q: What happens to me when I have a positive test or refuse to test (i.e. adulterate, or substitute my urine specimen, or decline to be tested)?
A: DOT – If you are a safety-sensitive employee mandated by the DOT, you are not permitted to perform safety-sensitive duties until you have seen a DOT qualified Substance Abuse Professional (SAP) and successfully completed the return-to-duty process. Working in a safety-sensitive position before successfully completing the return-to-duty process is a violation of the DOT’ regulation 49 CFR Part 40 and could result in fines being assessed.
A: Non-DOT – If you are a non-regulated employee that has failed an employer test, your employer may allow you to continue performing your non-safety-sensitive work functions, however, you are required to be assessed by a substance abuse specialist and follow all required recommendations for treatment or education; undergo a follow-up evaluation and submit to a drug and/or alcohol test.
A: NRC – If you are mandated under the Nuclear Regulatory Commission and have been referred for a substance abuse evaluation you must be seen by a Substance Abuse Expert (SAE) that has been trained and tested under regulation 10 CFR part 26.
Q: Will I lose my job if I test positive or refuse a test?
A: These decisions are solely the employer’s, which may be based on company policy and/or any collective bargaining agreements.
Q: My employer told me I need to get in touch with a SAP (Substance Abuse Professional). How do I do this?
A: DOT Regulation 49 CFR Part 40 Subpart O requires your employer or a service agent of the employer to provide a list of DOT qualified SAPs (40.287). When you contact SRS, a list of DOT qualified SAPs will be provided.
Q: What if I don’t complete a SAP program?
A. You will not be eligible to perform safety-sensitive duties for any employer or as an owner operator until you have complied with the DOT’s Part 40 regulated SAP program.
Q: Can I find a SAP on my own?
A: Yes, you can; however, the requirements under Subpart O have to be met.
Q: When can I start the SAP program?
A. SRS can get you enrolled in a matter of minutes and typically get you seen by the SAP within 72 business hours.
Q: Where are SRS’ SAPs, SAEs & Specialists located?
A: SRS has qualified SAPs, SAEs & Specialists in over 3000 locations nationwide and Puerto Rico, the Virgin Islands, Guam and Canada. Therefore, you will be scheduled with the provider nearest to your location.
Q: What are the drug & alcohol testing rules and where do I find them?
A: DOT – The Federal Aviation Administration [FAA], the Federal Motor Carrier Safety Administration [FMCSA], the Federal Railroad Administration [FRA], the Federal Transit Administration [FTA], the Pipeline and Hazardous Materials Safety Administration [PHMSA]) and the United States Coast Guard [USCG] each have industry specific regulations which in total cover approximately 12.1 million transportation employees who perform safety-sensitive functions. These regulations spell out who is subject to testing, when and in what circumstances. These regulations can be found on the DOT website, https://www.transportation.gov/odapc/part40.
A: NRC – The Nuclear Regulatory Commission [NRC] has industry specific regulations that can be found on the NRC website. www.nrc.gov/reading-rm/doc…/part026/
Q: Is the employer responsible for payment of a SAP, SAE or Non-DOT program?
A: This decision is at the employer’s discretion.
Q: Will my results follow me to other employers?
A: Yes, your drug and alcohol testing history will follow you to your new employer. Employers are required by law to provide certain records of your DOT and/or NRC drug and alcohol testing history to your new employer.
Q: Who decides when I can return to work?
A: It is up to the SAP or SAE to make a recommendation for a return-to-duty test, however, the employers decides when or if you are eligible for return to duty.
Q: Can an employee perform safety-sensitive duties before completing the SAP process?
A: No, the employee must show compliance to the recommendations and be seen by the SAP for a follow-up evaluation. During the follow-up evaluation the SAP will determine if the employee is eligible to be considered for return to duty.
Q. Will I be able to continue to drive my personal vehicle with a DOT testing violation?
A. Yes, a violation will only prohibit you from operating a vehicle in excess of 26,001 lbs. or a commercial vehicle that carries more than 15 passengers and a driver.
