As an employee responsible for safety-sensitive functions in the transportation industry, you play a crucial role in ensuring a safe work environment for your colleagues and the public. This involves not only adhering to established work rules but also complying with the Department of Transportation’s (DOT) regulations on drug use and alcohol misuse. Any employee performing DOT safety-sensitive functions who refuses or fails a drug or alcohol test will have a violation reported in the DOT Clearinghouse. Once a violation is reported, the employee will be prohibited from performing safety-sensitive functions until they complete a Substance Abuse Professional (SAP) program with a DOT qualified SAP and receive Return to Duty (RTD) clearance.

Employees subject to safety-sensitive functions encompass CDL and transit drivers, as well as those in aviation, railroad, pipeline, and coastguard roles. These employees are subject to testing for THC, marijuana, cocaine, opioids, PCP, and alcohol concentration of 0.04 or more. Refusal to undergo a drug/alcohol test is also reported as a violation. For more information on how a drug and alcohol violation affects employees in safety-sensitive roles, visit DOT Employee Resources.

The role of the qualified SAP is to evaluate employees who have violated DOT drug and alcohol program regulations and make recommendations concerning education, treatment, follow-up testing, and aftercare. SAPs act in the public interest to ensure safety and are not advocates for either the employer or the employee.

If you have failed or refused a drug test, your employer should provide you with a list of SAP providers. Failure to do so can hold the employer liable by the DOT Modal Administration. Ultimately, it is your responsibility to enroll in a SAP program, so search the internet for “DOT qualified SAP” or “DOT and SAP”.

Entering a Substance Abuse Professional (SAP) program can pose challenges for truck drivers seeking employment opportunities. The perceived risk linked with hiring drivers with DOT drug and alcohol violations often leads insurance companies to impose higher premiums on trucking companies. This can make it challenging for drivers to secure work, as many trucking companies have policies against hiring drivers who have been in the SAP program until after five years, when the SAP record falls off in the Clearinghouse. Despite these hurdles, understanding the SAP process and Clearinghouse requirements can empower drivers to navigate their journey back to work successfully.

Understanding the SAP Process

The SAP process is personalized to each individual. The designated SAP provider conducts an initial evaluation to assess the driver’s situation and provides recommendations for education or treatment based on their specific needs. Throughout the education or treatment program, the SAP closely monitors the driver’s progress to ensure adherence to the recommended plan. For more information on the SAP process, visit: RTD Infographic.

Steps in the SAP/RTD Driver Process

1. Register with the Clearinghouse: Drivers must register with the Clearinghouse, complete the questionnaire
2. Designate a SAP in the Clearinghouse: Before selecting a SAP, drivers should conduct an interview to ensure the SAP meets their needs and budget.
3.  Initial Assessment by SAP Provider: The SAP provider conducts an initial HIPPA compliant clinical face-to-face (or virtual) assessment of the driver and makes recommendations for education and/or treatment based on the driver’s needs.
4. Second Assessment: Once the driver completes the recommended plan prescribed by the SAP, the driver will let the SAP know and provide the SAP with education/treatment paperwork. The SAP will then meet with the driver for a second assessment. Once the SAP is satisfied that the driver has successfully completed the treatment plan and/or education prescribed, the driver is determined to be eligible for Return to Duty.
5. Return-to-Duty (RTD) With Negative Test: The SAP will provide the designated employer, Designated Employer Representative (DER), or Third-Party Consortium (C/TPA) with a scheduled follow-up plan for the driver (the driver is prohibited from receiving the scheduled follow-up plan). The employer, DER, or C/TPA orders the DOT return-to-duty drug screen and updates the Clearinghouse with the results (within 3 days). The driver’s status changes to “not prohibited” in the Clearinghouse if the test is negative (if the driver tests positive, the driver will have to restart the SAP process). The driver is now eligible to perform safety-sensitive duties. For more details, visit: Report-RTD Employer.
6. Follow-up Testing Plan & Random Drug Screens: Any employer, DER, or third-party consortium that the driver works with during this period must ensure that the driver completes the recommended scheduled follow-up testing plan. A minimum of six random observed drug tests within 12 months of returning to work will be prescribed by the SAP, with testing potentially lasting up to 5 years. The employer is responsible for ensuring that the driver’s scheduled follow-up plan is completed. Once the driver completes the prescribed follow-up plan recommended by the SAP, the date of the last test is entered into the Clearinghouse.   

Key Points to Remember

Keep a record of all your follow up testing.
You can contact DOT FMSCA Safety Accountability Program at 1-877-254-5365 if your employer is not scheduling your following plan tests.
Follow up drug screens are observed.
The SAP sends the RTD testing requirements directly to the employer, DER or consortium.
Companies have varying policies regarding hiring drivers with SAP violations.
As of November 18, 2024, immediate action is required to avoid downgrading of CDL.
Seeking a second SAP evaluation is not permitted.
The SAP may consult with the Medical Review Officer (MRO) during the evaluation process.Completion of the SAP evaluation, referral, and education/treatment process is necessary to resume DOT safety-sensitive duties.

Inaccurate Violations/Information

If you suspect that there is inaccurate or false information in your Clearinghouse data, you have the option to file a DataQ petition. Here’s what you can do:

Initiate a DataQ Petition: Submit a DataQ petition through https://dataqs.fmcsa.dot.gov/ website to challenge any inaccuracies or false violations in your records.

Follow Up: If you don’t receive a response or if the process is taking longer than expected, make follow-up calls to the DataQ team. Persistence can often expedite the resolution process.  https://dataqs.fmcsa.dot.gov/DataQs/Data/Factsheets/DataQs_Factsheet.pdf?v=1

Contact State DOT Office: If you’re still encountering difficulties or need further assistance, reach out to a safety investigator at your state’s Department of Transportation (DOT) office. They can provide guidance and support in resolving issues with your Clearinghouse data.

Utilize FMCSA Resources: The Federal Motor Carrier Safety Administration (FMCSA) offers a National Consumer Complaint Database where you can file complaints regarding Clearinghouse data inaccuracies or unresolved issues.

Chat with the FMCSA  https://ask.fmcsa.dot.gov/app/chat/chat_launch

Remember, drivers have the right to challenge inaccurate information in their Clearinghouse records. Stay proactive and persistent in addressing any discrepancies to ensure the integrity of your driving history. For more details on filing a DataQ petition, visit DataQs Submission Portal. Example-Refusal to test violation did not comply with reporting requirements

Below is list of trucking companies that hire CDL drivers who have been enrolled in the SAP program (this list is continually being updated, so check back once a week to see what companies have been added). I do not represent any of these companies.

Please note that each company has its own hiring process. While some companies may hire you while you are in stage 5 of the SAP process, others may wait until stage 6 is completed. Additionally, some companies may require a minimum six months to two years of CDL experience, while others may consider new CDL drivers. It’s important to remember that everything related to SAP is handled on a case-by-case basis.

Remember to put in the groundwork to get back to work and maintain a positive attitude throughout your journey to being violation-free. Understand that everyone you encounter along the way has a job to do and rules to follow. Approach each interaction with kindness and professionalism. Good luck, and may you find success on your path forward.