Failed Post-Accident Drug Test – Now What?

A failed post-accident drug test is required for DOT safety-sensitive employees after being involved in an accident. The post-accident drug test should occur within 24 hours of the incident.

Failing a DOT mandated drug test can be a stressful and confusing time. Employers are required to handle the situation in accordance with regulations. After an employee receives a verified positive drug test result they will be immediately removed from safety-sensitive functions. Employers are then required to provide employees with information concerning qualified Substance Abuse Professionals (SAPs).

Steps After a Failed Post-Accident Drug Test

After a failed post-accident drug test all hope is not lost. If the employee would like to return to performing safety sensitive duties they must successfully complete the DOT return to duty process. This process entails being evaluated by a DOT qualified Substance Abuse Professional. After evaluation employees must comply with the treatment or education (or both) as recommended by the SAP. After compliance to the treatment the employee will undergo a follow up evaluation. The final evaluation by the SAP is to determine if the program was properly followed. It is important to mention that the duration the treatment takes will depend on the level of treatment recommended by the professional and also how dedicated the employee is to the treatment. It is advisable that employees take the process seriously especially if they want to go back to safety-sensitive duties.

After successful completion of the recommended steps by the professional, they will notify the employee’s employer in writing about successful completion. After that it is up to the employer to choose whether to allow the employee to return to safety sensitive duty. However, this is contingent on the employee passing the return to duty drug or alcohol test. Employers are required to to conduct follow up tests after receiving a negative return to duty test. The number and the frequency of the follow up testing should be as directed by the SAP.

If an employee has failed a post-accident drug test and they are looking for a qualified SAP in their geographic area, SAP Referral Services can help. SAP Referral Services (SRS) provides employers and employees with SAP resources in their area. For more information on SAP Referral Services’ FastTrack Enrollment Program, a program designated to get the employee scheduled with a qualified SAP in their area quickly, click here.