Questions and Facts about the DOT FMSCA Return to Duty Process
About Mona S. Ellis, SAP
I am an experienced, fully qualified, and trained substance abuse professional (SAP) working as a solo private practitioner under US Department of Transportation regulations. Through my many contacts and a broad range of experience as a licensed clinical counselor, I maintain close professional collaborative relationships with service providers in the Texas and Arizona region. This allows me to provide client referrals to high-quality education and/or treatment programs with rapid admission privileges that, in turn, accelerate the return-to-work process.
High Quality VIP SAP Service with a Personal Touch
Understanding the Department of Transportation (DOT) regulations regarding returning to duty can be challenging. My goal is to provide the highest quality service, maintaining respect and dignity, while informing the client of all DOT requirements of the return-to-duty process and how to prevent future violations. I give prompt responses and priority scheduling to persons seeking to complete the return-to-duty process.
Who needs SAP services?
You are employed in a Department of Transportation and have safety-sensitive position that falls under the:
FMCSA - Federal Motor Carrier Safety Administration
FAA - Federal Aviation Administration
USCG - United States Coast Guard
FRA - Federal Railroad Administration
PHMSA - Pipeline & Hazardous Materials Safety Administration
FTA - Federal Transit Administration
You violated the Federal DOT drug and alcohol regulations by testing positive for drugs, an alcohol concentration of 0.04 or greater, refusing a test, not able to provide a specimen in a timely manner or failing to take a test, then you must be immediately removed from your DOT safety-sensitive duties.
What does a Substance Abuse Professional (SAP) do?
In order for you to be considered for return to any DOT safety-sensitive role in the transportation industry or be hired by a different DOT-covered employer, you must successfully complete the DOT return-to-duty process. This will require the involvement of a DOT qualified Substance Abuse Professional (SAP).
What does a Substance Abuse Professional (SAP) do?
Per DOT regulations, the SAP must:
Conduct a face-to-face initial employee evaluation and clinical assessment to determine the level of assistance needed to resolve the alcohol and/or drug associated problems.
Enter the evaluation date on the FMSCA Clearinghouse (CDL Holders Only) for violations after 01/06/2020
Recommend and refer the employee to an appropriate education and/or treatment program.
Monitor the employee's progress in the education and/or treatment process through contact with the respective provider(s).
Conduct a face-to-face follow-up evaluation to determine if the employee has fully and successfully complied with the initial evaluation and recommended course of education and/or treatment.
Provide the Designated Employer Representative (DER) a follow-up evaluation with a drug and/or alcohol-testing plan for the employee for up to five years.
Provide the employer and employee with recommendations for continuing education and/or treatment.
Post follow up evaluation on the Clearinghouse when compliance with the SAP requirements are completed.
Notify certain state DMV’s of compliance. State laws vary from state to state.
What is the FMCSA Clearinghouse?
The FMCSA Clearinghouse is a national computerized database. Starting in 2020, all violations must be recorded on the Clearinghouse. A violation will remain on the Clearinghouse for at least 5 years, or until the driver has completed the SAP’s follow-up testing plan, whichever is later.
CDL drivers are required to register in the clearinghouse and give employers and SAP’s authorization to access certain information. Once you are registered, you will have access to your record and be able to select a SAP. The SAP cannot be changed once selected.
All FMCSA employers are required to check an applicant’s record on the Clearinghouse. An employer cannot hire a driver/applicant until an SAP indicates that the driver has successfully complied with the SAP’s treatment recommendation.
What is the DOT SAP Return to Duty Process?
Your employer or TPC/Consortium will immediately remove you from all safety sensitive duty/ commercial vehicle driving and safety-sensitive duties.
RTD Step 1: Get a Substance Abuse Professional (SAP) Evaluation
Your employer must provide a free list of DOT-certified SAPs. Your employer can compile the list, or it can come from Consortium/Third-Party Administrators (C/TPA) or other service agents. The list must contain names, addresses, and telephone numbers of locally approved SAPs. You are also free to choose your own based on your own research.
The SAP will conduct a face-to-face substance abuse evaluation. This evaluation must provide:
A comprehensive clinical assessment and evaluation of your drug or alcohol-related issue is required treatment plan and referrals for treatment and/or education must be done before returning to any commercial driving and safety-sensitive duties.
A written SAP report directly to your designated employer representative (DER) specifying your post-evaluation education/treatment plan recommendations.
RTD Step 2: Complete an SAP Specified Treatment and/or Education Plan
If you want to get back in your commercial vehicle driver’s seat, you must satisfactorily complete your SAP’s specified treatment and/or education plan. Your employer does not have to pay for any SAP evaluations or the specified education or treatment plan. Payment for RTD process services is left to the governance of existing management-labor agreements and health care benefits.
After completing SAP recommendations and getting get back in your commercial vehicle driver’s seat after violating drug or alcohol regulations. In that case, your employer must ensure that you successfully comply with the whole RTD process. They track your progress in the online FMCSA Clearinghouse.
RTD Step 3: Complete a Follow-up SAP Evaluation
After you complete your treatment and/or education plan requirements, your SAP will conduct a follow-up evaluation. This face-to-face evaluation will be to determine your eligibility for taking the Return-to-Duty test and safely returning to commercial driving. Your SAP will also provide your DER with a written report summarizing your plan completion. They’ll also give their “fitness for duty” determination.
Ultimately, regardless of a positive fitness determination by an SAP or Medical Review Officer (MRO), returning to work is a staffing decision that your employer has the discretion to make. This decision may be subject to collective bargaining agreements or other legal requirements.
RTD Step 4: Follow-up Drug & Alcohol Testing
Only your current employe or TPA/Consurtiumr can send you for a Return to Duty test. After you receive negative Return to Duty test results, you are legally clear to drive again. However, please be aware that your SAP will give your designated employer representative a follow-up testing schedule.
The DOT requires your SAP to schedule at least six drug and alcohol tests over a 12-month period of time. This process can continue for up to five years, and each follow-up test must be under direct observation. Changing employers won’t make this testing schedule go away.
Any employer that employs you during this schedule must complete the follow-up testing plan as specified by your SAP. In the case of an owner-operator, the RTD test and scheduled follow-up testing must be completed by a designated C/TPA.
What happens if I just quit this job and apply to another employer?
A future DOT-covered employer is required to obtain your drug and alcohol testing records from your previous employers for the previous two years and query the FMCSA Clearinghouse. Your previous employer is required to report this violation. If there is no SAP report indicating compliance, no employer is permitted to hire you for DOT safety-sensitive functions until you have successfully completed the return-to-duty process. At minimum, the previous employer’s file must include the Initial Evaluation by a qualified SAP and the Follow-Up Evaluation indicating your compliance with the SAP’s recommendations. However, if you choose to work for a non-DOT employer, you do not have to complete the SAP process.
How long will it take to be eligible to return to duty in a safety sensitive position?
It depends on the treatment/SAP plan that your SAP proposes, and how well you comply with it. Typically, the process may take weeks depending on the outcome of your assessment and when you can pass a drug test.
What happens if I test positive on a follow-up test?
If you test positive again, you must go through the entire SAP process again. Many employers terminate an employee for a second violation. If you have been terminated, and if you want to apply for a safety-sensitive job with another DOT employer, you must first complete the SAP return-to-duty process.
Total Payment for SAP Services $490.00
Pay $250.00 to get started and find out what you need to get back to work.
