PDS Member Page (PDSM)

You have been working in your DOT sensitive profession for months & years, and at this moment you decided to test the theory of relativity and fail your drug test…NOW IS THE TIME TO GET THE ASSISTANCE YOU NEED!

The DOT SAP Return to Duty process includes:
• Face-to-face OR Virtual clinical SAP Assessment
• Referral for education and/or treatment (level determined by SAP)
• Face-to-face OR Virtual clinical follow-up SAP assessment to determine if employee complied with education, treatment and/or counseling
• Reports and follow-up testing schedule sent to the designated employer representative (DER)

Federal Motor Carrier Safety Administration (FMCSA)

If you are under Federal Motor Carrier Safety Administration, for violations obtained on or after January 6, 2020, FMCSA Clearinghouse requires that the employee create an account for the return to duty (RTD) process. See link below. Once your account is created, you can assign Ekwutosi Winifred Okafor as your Substance Abuse Professional (SAP). https://clearinghouse.fmcsa.dot.gov/

Need help creating your FMCSA Clearinghouse account? No problem! We can help! Call us at 214.247.6146

When an employee is in violation of DOT rule, the employee must immediately be removed from safety-sensitive functions, see a SAP for an Initial SAP Assessment (face-to-face/ virtual assessment), and comply with the education and/or treatment recommendation(s) set forth by the SAP. As a covered entity (employer), under CFR 49 Part 40, you are required to provide a referral to any employee requiring a SAP evaluation.

Call our office today at 214.247.6146 to begin the SAP Return-to-Duty process!

The Department of Transportation requires companies employing individuals who hold commercial driver licenses (CDLs) and who work in safety-sensitive positions in transportation, oil and gas pipelines, railroads, or the aviation industry are subject to drug and alcohol testing, and requires DOT agencies to perform such testing.

The Department of Transportation requires companies in the above industries to conduct the following types of drug and alcohol tests:

Pre-Employment,

Random,

Post-Accident,

Reasonable Suspicion and

Return to Duty.

DOT Rule 49 CFR Part 40 Section 40.285

SUBPART O - SUBSTANCE ABUSE PROFESSIONALS AND THE RETURN-TO-DUTY PROCESS

§ 40.285 When is a SAP Assessment required?

(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP assessment, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.

(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.

The Department of Transportation (DOT) regulation -- 49 CFR Part 40 -- defines the Substance Abuse Professional (SAP) as a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. There are six operating administrations covered by the DOT regulations: Federal Aviation Administration (FAA), Federal Motor Carriers Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), Pipeline and Hazardous Materials Safety Administration (PHMSA) and United States Coast Guard (USCG). The purpose of a DOT SAP assessment is to determine the extent of the employee’s substance misuse problem through the assessment process. The DOT regulations give an employee who works in a DOT covered safety-sensitive position and fails a drug and/or alcohol test the opportunity to return to that safety-sensitive position once compliance to an SAP’s recommendations has been documented. DOT SAP assessments last two hours for the initial and one hour for the final and are conducted face-to-face or virtual in an interview-type setting.