Faqs
Before you can return to a safety-sensitive job you must successfully complete the Department of Transportation (DOT) return-to-duty process which requires the involvement of a qualified Substance Abuse Professional (SAP) You will be required to provide a negative result on a return to duty drug or alcohol test.
SAP is a Substance Abuse Professional that per DOT prerequisites has specific credentials, meets qualified training requirement including 12 continuing educations units every three years. The SAP must have thorough knowledge and understanding of DOT regulations that must be followed before an employee who has violated DOT alcohol-drug regulations can be considered for return to safety-sensitive function in the transportation industry. The SAP primary concern is to safeguard public safety.
Conducts an initial face to face clinical evaluation to determine the extent of an employee’s substance use and prescribe the appropriate level of treatment needed to arrest use. Recommends and refers the employee to a provider who appropriates substance abuse education or treatment. The SAP is prohibited from referring an employee to any program with which they are financially connected. SAP referrals to treatment and education must not give the impression of a conflict of interest. SAPs monitor the employee’s progress by keeping in touch with the treatment provider during the employee's treatment. The SAP also conducts a second face to face visit in the follow-up evaluation to determine if the employee has successfully completed the recommended treatment plan from the provider. The SAP will correspond with the Designated Employer Representative (DER) and provide him/her with alcohol-drug testing plan that can last for up to five years. The SAP will also provide employee and employer with recommendations for community supports, self-help that promotes employee abstinence from drugs and or alcohol. An SAP cannot refer an employee to himself or herself for treatment. This would be a violation of DOT regulation.
When you can return to work depends on how soon you are able to complete the treatment plan and demonstrate abstinence. Education may be a one day class and/or participation in self-help groups. Treatment may include inpatient, partial hospital program, an intensive outpatient program or regular outpatient visits with a substance abuse counselor. The SAP determines what level of treatment is required. SAPs cannot determine treatment until the initial evaluation is conducted. The date you entered into Return to Duty is recorded by SAP on the clearinghouse. After you have completed treatment or education and follow up with the SAP that date is entered into the clearinghouse. Return to Duty is not completed until you pass the first drug test after finishing up with the SAP.
No. Only a counselor who has been qualified as a DOT SAP by virtue of taking the examination and taking continuing education every three years can qualify as an SAP. Going to a clinician who says they can evaluate you will set your process back and costs you more money if they are not a qualified SAP.
You do not have to go through the Return to Duty process if you seek work from a non-DOT employer. If you do decide to return to a safety-sensitive position in transportation you must remember the future DOT employer must obtain your drug and alcohol testing record from your previous employer. In January 2020 there will be a clearinghouse on the internet where all your drug and alcohol violations will be posted. Any violation after January 2020 will be posted in the clearinghouse. All potential employers will check your drug-alcohol status in the clearinghouse. If you have not completed the return to duty process you will not get hired. When you have successfully completed the Return-to-Duty process the SAP will clear your name and you will be eligible to be hired.
Most companies maintain a drug-free workplace program for employees who are not subject to DOT regulations. Maintaining a drug-free workforce policy greatly reduces its workman comp insurance premiums. If you get hurt on a job, the first thing will be a urinalysis. If you are positive , the workman comp insurance will not pay the claim. Many companies state they will give random testing and testing when you are suspected of using drugs. If found positive the company might give you a "get out of jail card" the first time. The second time you are fired. After intervention and treatment, you might be followed up by your company. There is no DOT required follow-up drug testing requirement however, your employer might have a written policy to monitor your abstinence post-treatment.
During a DOT physical, if a medical examiner has concerns about your drug and alcohol use they may refer you to an SAP for further evaluation and treatment. Your medical card is not released and you can not perform safety-sensitive work until you have performed the return to duty process.
All US DOT drug and alcohol violations for maritime employees are handled by US Coast Guard- Sector Hampton Roads. You will enter into a settlement agreement with USCG. The settlement agreement involves engaging in the Return To Duty process with a qualified SAP. You should contact the Investigative Unit USCG Sector Hampton Roads 200 Granby St # 700, Norfolk, VA 23510 (757) 668-5550
FAA oversees DOT drug and alcohol violations. Medical Review Officers( of the testing lab) must notify the FAA of any employee or applicant who has a medical certificate issued for a positive drug test. Employers must notify the FAA Federal Flight Surgeon of any safety-sensitive employee who is required to hold an airman medical certificate for an alcohol violation. The SAP works with Flight Surgeons under FAA regulations. After you have completed Return to Duty process the SAP will completion-recommendation report with FAA Flight Surgeon and the FAA Fight Surgeon is the only one who can reinstate your access to a safety-sensitive position in aviation.
The DOT Return to Duty Program:
Helping Virginia, USA Enhance Road Safety
In Virginia, USA, ensuring road safety is a top priority. One of the key initiatives implemented to achieve this goal is the DOT (Department of Transportation) Return to Duty Program. This program plays a crucial role in ensuring that individuals who have violated federal drug and alcohol regulations in safety-sensitive transportation positions can return to work safely and responsibly after completing the required rehabilitation process. In this article, we will delve into the details of the DOT Return to Duty Program, highlighting its purpose, procedures, and impact on road safety in Virginia.
The primary purpose of the DOT Return to Duty Program is to create a structured process for individuals who have violated drug and alcohol regulations while holding safety-sensitive transportation positions to reintegrate into their roles responsibly. By providing support and a clear path to rehabilitation, the program aims to minimize the risk of substance abuse-related incidents on Virginia's roads.
Reporting Violations: When an employee working in a safety-sensitive transportation position tests positive for drugs or alcohol or violates any other federal drug and alcohol regulations, it is mandatory for the employer to report the violation to the Department of Transportation.
Evaluation and Treatment: Once a violation is reported, the employee undergoes an evaluation by a Substance Abuse Professional (SAP) to determine the appropriate course of treatment. The SAP conducts a comprehensive assessment and recommends an individualized treatment plan, which may include education, counseling, or rehabilitation.
Treatment Completion and Follow-up Testing: The employee must complete the recommended treatment program successfully. After completion, the SAP conducts a follow-up evaluation to determine the employee's readiness to return to work.
Return-to-Duty Testing: Before an employee can resume safety-sensitive duties, they must undergo a Return-to-Duty (RTD) drug and alcohol test. This test is performed to ensure that the individual is free from any substances of abuse.
Follow-up Testing: Following their return to work, employees are subject to unannounced follow-up drug and alcohol testing. These tests are conducted periodically over a specified period to monitor their ongoing sobriety and compliance with regulations.
The DOT Return to Duty Program has a significant impact on road safety in Virginia. By providing a structured path for rehabilitation and monitoring, it ensures that individuals who have previously violated drug and alcohol regulations are given an opportunity to address their issues and return to work in a responsible and safe manner. This approach helps prevent substance abuse-related incidents on the roads, reducing the risk of accidents, injuries, and fatalities.
Moreover, the program's mandatory follow-up testing ensures continued accountability and vigilance, acting as a deterrent for employees who may be prone to substance abuse issues. It fosters a culture of responsibility and sobriety among safety-sensitive transportation personnel, ultimately enhancing road safety for all residents of Virginia.
Conclusion
The DOT Return to Duty Program in Virginia plays a vital role in maintaining road safety by facilitating the rehabilitation and reintegration of individuals who have violated federal drug and alcohol regulations while in safety-sensitive transportation positions. By providing a structured process, from evaluation and treatment to return-to-duty and follow-up testing, the program ensures that these individuals can return to work responsibly and contribute to safer roadways. With its emphasis on accountability and sobriety, the program serves as a powerful tool in minimizing the risk of substance abuse-related incidents and making Virginia’s roads safer for everyone.