Frequently Asked Questions
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.
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: 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: Is the employer responsible for payment of a SAP or Non-DOT program?
A: This decision is at the employer’s discretion.
Q: Will my results follow me to other employers?
Q: Who decides when I can return to work?
A: It is up to the SAP 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.
Q: Are CDL drivers required to register for the Clearinghouse?
A: Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record—this includes all pre-employment queries.
A driver must also be registered to electronically view the information in his or her own Clearinghouse record.
Registered drivers will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers. Registration is available at https://clearinghouse.fmcsa.dot.gov/register.
Q. Can a driver complete a return-to-duty (RTD) test and have a negative RTD test result reported to the Clearinghouse if the driver does not have an employer?
Yes. Under 49 CFR 382.705(b)(1)(ii), employers that are subject to FMCSA’s drug and alcohol regulations in 49 CFR part 382 are required to report drivers’ negative RTD test results to the Clearinghouse. However, if a driver does not have a current or prospective employer subject to part 382 to send the driver for an RTD test and upload the negative result, the driver may register in the Clearinghouse as an owner-operator and designate a consortium/third-party administrator (C/TPA) for the limited purpose of completing the RTD process. Once designated, the C/TPA can direct the driver to submit to an RTD test and report the negative RTD test result to the Clearinghouse on the driver’s behalf. When the C/TPA reports the negative RTD test result, the driver’s Clearinghouse status will change from “prohibited” to “not prohibited,” thereby allowing the driver to resume driving a CMV and performing other safety-sensitive functions. Note: the driver’s follow-up testing plan prescribed by the substance abuse professional must be administered by the driver’s employer when the driver resumes working in a DOT safety-sensitive position.
Drivers using this option will need to create a new account in the Clearinghouse with the “Employer” role (note: this will require creating a new Login.gov account). When registering, select “Register as an Employer and Driver” and be sure to select “Yes” for the question “Are you an owner-operator?” Download step-by-step instructions. Drivers should not apply for a U.S. DOT Number when using this option to complete the RTD process.
Q. How is driver violation and return-to-duty (RTD) information recorded in the Clearinghouse?
Per § 382.705, the following individuals must report the following information:
- Employers, or consortia/third-party administrators (C/TPAs) acting on behalf of an employer, enter drug and alcohol program violation information into the Clearinghouse.
- Medical review officers (MROs) enter drug violation information. The driver does not need to be registered in the Clearinghouse for a violation to be added to their Clearinghouse record.
- Substance abuse professionals (SAPs) enter the date of initial SAP assessment and date the driver is eligible for RTD testing.
- Employers enter the negative RTD test result(s) and the date the driver’s follow-up testing plan has been successfully completed.
