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During the return-to-duty process, being told you’re not yet eligible to return to safety-sensitive work can feel like a major setback when you’re trying to get back on the road.
As a DOT-qualified SAP, we’ve put together this guide to help you successfully complete your return to duty process.
Key Takeaways
- If you skip appointments, refuse to participate, don’t complete treatment, deny your violation, or fail any required drug tests during your DOT SAP program, your violation stays in the Clearinghouse, and you won’t be able to perform any safety-sensitive work until you successfully complete the full return-to-duty process.
- If your SAP determines that you are not yet eligible to return to duty, do not attempt to change SAPs. You’ll have to complete additional treatment or education, fully participate in the program, demonstrate your commitment, attend your follow-up evaluation, pass an RTD drug test, and comply with all follow-up tests.
- To successfully complete your DOT SAP return-to-duty process, choose your SAP wisely, avoid using drugs and alcohol, immediately report for follow-up (and other) DOT drug tests, never skip a test, comply with the testing center’s rules, keep in contact with your SAP, and know when you need to seek help.
Can I Fail to Complete the DOT SAP Program?
Yes. You can fail to complete the DOT SAP program if you do not follow through with all required steps.
Here are some common ways this can happen:
1. Skipping Your Evaluation
If you just don’t schedule and attend your initial and follow-up SAP evaluation, you’ll never complete the process.
This will prevent you from returning to duty with your current employer or any other company as a CDL driver.
2. Refusing to Participate
Showing up but not participating in your evaluation or treatment can make your SAP determine that you’ve made no progress and aren’t ready to return.
Fully participate in your evaluation and all treatment and education that your SAP recommends.
3. Not Completing Your Treatment and Education Recommendations
You must complete your treatment and education recommendations, even if you disagree with them, or your SAP will not clear you to return to work.
4. Denying Your Violation
Denying your violation or arguing about it demonstrates poor insight.
These behaviors will likely lead your SAP to determine you’re not ready to return to duty.
5. Failing the RTD Drug Test
The final step you must complete to return to work is to pass a return-to-duty drug test.
This test must be directly observed by a trained collector who shares your gender.
If you fail the test, you’ll have to restart the process.
6. Refusing or Failing a Follow-Up Test
You’ll have to take at least six unannounced follow-up tests during your first year back on the job, and you could be required to take follow-up tests for up to five years.
Refusing or failing any follow-up test will force you off the road.
You’ll have to go through the SAP process all over again.
What if I’m Not Cleared to Return to Work?
If you don’t complete the RTD program, you’ll face severe repercussions.
The violation will remain on your record in the Federal Motor Carrier Safety Administration’s (FMCSA) Drug & Alcohol Clearinghouse.
This means that potential DOT-regulated employers will see it and won’t be able to hire you.
Your CDL will also remain downgraded until you complete the RTD process.
This means that you won’t be able to get a job as a CDL driver. You will also be prevented from getting any safety-sensitive job with a company that’s regulated by any DOT agency.
Steps to Take if You Don’t Successfully Complete Your DOT SAP Process
1. Don’t Try to Switch SAPs
Under 49 CFR 40.295, you can’t switch SAPs to try to get a second evaluation when you disagree with the first SAP’s findings and recommendations.
Once you’ve started the program with a SAP, they must be the professional who clears you to return to work.
However, you can change SAPs if the SAP is inactive, non-responsive, or can’t complete the process with you.
Be aware that you can’t have your SAP send your records to a new one.
You’ll need to communicate with your current SAP in writing that you’re stopping services and then reassign your SAP in the Clearinghouse.
You’ll then have to restart the process with a new initial evaluation, even if you’re midway through the process.
It’s best to choose your SAP wisely at the start to avoid unnecessarily lengthening the process.
2. Continuing the SAP Process
At your follow-up evaluation, if your SAP finds you haven’t completed all the recommendations or aren’t ready to move forward with the return-to-duty test, you’ll need to keep working with them.
This typically means going back to complete additional treatment or education.
3. Follow Your Treatment and Education Recommendations
You can expect that your SAP might determine that you need more intensive services, such as:
- An increase in the level of care – For example, if your initial recommendations were to complete education classes, you might be required to attend outpatient drug and alcohol treatment. If your original recommendations called for outpatient drug and alcohol treatment, you might have to complete inpatient rehabilitation.
- Recommendation for additional counseling or education – Your SAP might recommend that you complete more sessions of counseling or education after you fail.
No matter what your recommendations are, follow them and participate fully. Completing education and treatment recommendations is the fastest way to get back to work.
4. Demonstrate Your Commitment
You’ll need to show that you fully embrace treatment and education to demonstrate that you’re safe to return to duty.
The SAP will monitor your progress in your programs.
Fully participate in everything to demonstrate that you’re safe and ready to return to work.
5. Attend Your Follow-Up Evaluation
Once you complete all of your treatment and education recommendations, you must meet with your SAP again.
Your SAP will review your progress and determine whether you’re ready to return to duty.
6. Submit a Negative RTD Drug Test
You must submit a negative RTD drug test as a final step before you can return to duty.
If you fail it, you’ll have to restart the SAP program.
7. Submit Negative Follow-up Tests
You’ll have to submit to follow-up tests. After a failure, you can expect these unannounced tests to occur at a higher frequency.
At a minimum, you’ll have to take six unannounced tests during your first 12 months back on the job. Your SAP can recommend follow-up testing for up to five years.
Never miss or refuse a follow-up test. If you do, you’ll be back at square one with the SAP process.
How to Prevent Delays in the SAP Process
1. Choose the Right SAP
You can avoid many problems by making a good choice in your DOT SAP.
Watch out for these red flags:
- Promising unrealistically low fees – Fees much lower than what you find elsewhere can indicate that the SAP cuts corners and could potentially delay your return to duty because of documentation mistakes.
- Guaranteeing you’ll get back to work within a few days – An SAP should not guarantee that you’ll get back to work within a few days or at all. Their assessment should be based on your needs, substance abuse history, and readiness to safely return to work.
- Lack of responsiveness – A good SAP should respond quickly when you need help. If you attempt to get ahold of an SAP who fails to respond within 24 hours, it’s not a good sign that they’ll be there to help you through the process.
- Scheduling counseling or education in-house – DOT rules require DOT-qualified SAPs to refer you to third parties for counseling and/or education. If an SAP promises they handle these services in-house, steer clear.
- Lacking proper credentials/registration – Your DOT-qualified SAP should be registered in the Clearinghouse to update on your progress. Make sure to check their credentials and whether they’re registered.
2. Avoid Using Drugs and Alcohol
As a safety-sensitive worker, you must avoid using illicit drugs at all times.
This includes marijuana products, such as CBD.
Even if they might be legal in your state, they can cause you to fail a DOT drug test and require you to restart the SAP process.
For alcohol, you shouldn’t drink while on duty or within four hours of reporting to duty.
If you do drink alcohol more than four hours before going to work, you must submit a BAC of 0.00% if asked to take a breath test.
Never transport alcohol in your truck’s cab.
3. Report Immediately for Testing
If you’re notified that you must report for a follow-up test (or any other DOT drug test), wind down your safety-sensitive duties as safely as possible and immediately report to the testing site.
Reporting late to the site will count as a refusal and a failed test.
4. Never Skip a Test
Don’t skip a DOT drug test! You must submit a sample when notified that you’ve been selected.
5. Comply With the Testing Center’s Rules
If you don’t follow the testing center’s rules and procedures or leave early, it will count as a failure.
6. Stay in Contact With Your SAP
While your employer is responsible for administering follow-up testing, your SAP is available if you have any questions or issues.
At American River Wellness, we’re available for help for five years after you return to work, free of charge.
7. Recognize When You Need Help
If you have substance abuse problems with either drugs or alcohol, stay off the road and seek help.
Many transportation carriers offer employee assistance programs (EAPs) for help with substance abuse issues and mental health needs.
It’s better to take a leave of absence and go through a program than to violate the DOT drug and alcohol rules and be forced to restart the SAP process.
We’re Here to Help You Return to Duty
Delays and non-compliance in the SAP process will seriously impact your career as a CDL driver.
If you want to get back on the road, you have to complete all your SAP requirements and go through the full return-to-duty process.
At American River Wellness, we take the SAP process seriously and will work closely with you to help you get back to work faster.
To schedule your SAP evaluation, call or text us today at (833) 436-8727.
DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.
FAQ
The length of the DOT SAP process varies, depending on the violation’s severity, your compliance, and the treatment and education recommendations you receive.
Some people can return to duty in about a week, while others might take months.
Once you return to work, you’ll have to submit follow-up tests for at least one year.
Follow-up testing can continue for up to five years, depending on your SAP’s recommendations.
An SAP violation will stay on your record for at least five years or until you finish the RTD process, whichever occurs later.
This means that if you don’t complete the RTD process, the violation will remain on your record indefinitely.
You’ll have to complete the SAP program each time you violate the DOT drug and alcohol rules.
While there isn’t a limit on the number of times you can go through the SAP program, each failed drug or alcohol test or SAP program violation will cause you to restart and can result in a longer overall program length.
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