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Failing a pre-employment DOT drug test can be overwhelming, but it doesn’t have to keep you from pursuing your career as a CDL driver.
To get back on the road, you must complete the return-to-duty (RTD) process with the help of a DOT-qualified Substance Abuse Professional (SAP).
Here’s what happens after you fail a pre-employment DOT drug test and what to do to return to work.
Key Takeaways
- You must take a pre-employment DOT drug test before you can be hired as a safety-sensitive worker for a DOT-regulated employer.
- If you fail or refuse a pre-employment DOT drug test, you will have to complete the RTD process to resume your career as a CDL driver.
- American River Wellness can help you get back to work fast with same-day and next-day SAP evaluations.
What is a Pre-employment DOT Drug Test?
A pre-employment DOT drug screen is a five-panel urine test that’s required under 49 CFR Part 40 and 49 CFR Part 382, § 382.301.
Employers must require pre-employment DOT drug tests before you can be hired or perform safety-sensitive duties.
If you failed a pre-employment DOT drug test, you might worry that you won’t be able to get a job as a CDL driver again.
However, a failed pre-employment drug test won’t end your career as long as you follow the appropriate steps.
You can complete the return-to-duty process and obtain employment as a commercial driver.
As long as you put in the work and complete the right steps, a failed pre-employment DOT drug test is not a career-ending event.
What Does it Screen For?
This test checks for your recent use of illicit substances that fall into one of the following five categories:
- Marijuana/THC
- Cocaine
- Phencyclidine (PCP)
- Opioids (Heroin, fentanyl, oxycodone, hydrocodone, hydromorphone)
- Amphetamines/Methamphetamine
When Must You Take a Pre-Employment DOT Drug Test?
You’ll have to take a pre-employment DOT drug test in any of the following situations:
- When you apply for a safety-sensitive job with a company regulated by the DOT administration
- Before you can perform any safety-sensitive job duties
- Before you can be hired as a driver, even if you hold a current CDL but haven’t used it recently
- When you transfer to a new DOT-regulated employer
- When you’ve previously failed a DOT drug test and are re-entering the industry after completing the return-to-duty (RTD) process
What Can Cause You to Fail?
Any of the following will count as a failed pre-employment DOT drug test:
- Receiving a positive drug test result
- A refusal to test, which, under 49 CFR Part 40, § 40.191, includes the following for pre-employment drug tests:
- Leaving the testing site after the testing process has begun
- Failing to provide a specimen after the testing process has begun
- Failing to provide a sufficient specimen without a valid medical explanation
- Failing or refusing to take a second drug test when directed to do so (for example, after submitting a sample that’s outside of the valid temperature range)
- Failing to cooperate with any part of the testing process (not removing items from your pockets, not washing hands when told to do so, being disruptive, not removing items from your mouth, etc.)
- Possessing or wearing a device to interfere with the testing process
- Submitting an adulterated or tampered sample
- Admitting to the MRO or collection site personnel that you adulterated or tampered with the sample
Who Has to Take a DOT Drug Test Before Getting Hired
A pre-employment DOT drug test is required for all applicants who apply for safety-sensitive roles with a company that’s regulated by one of the following DOT administrations:
- Federal Motor Carrier Safety Administration (FMCSA) – Pre-employment DOT drug tests required for CDL drivers
- Federal Aviation Administration (FAA) – Pre-employment DOT drug tests required for pilots, flight attendants, aircraft mechanics, etc.
- Federal Highway Administration (FHWA)
- Federal Railroad Administration (FRA) – Pre-employment DOT drug tests required for railway workers, train engineers, train conductors, etc.
- Pipeline and Hazardous Materials Safety Administration (PHMSA) – Pre-employment DOT drug tests required for pipeline operators, hazardous materials handlers, hazardous materials transportation workers, etc.
- Maritime Administration/US Coast Guard (USCG) – Pre-employment DOT drug tests required for maritime workers
- Federal Transit Administration (FTA) -Pre-employment DOT drug tests required for transit workers
What Happens if You Fail a Pre-Employment DOT Drug Test?
1. You Won’t Be Hired
Under 49 CFR Part 382, § 382.301, a DOT-regulated employer can’t hire you for safety-sensitive work, including as a CDL driver, if you fail a pre-employment DOT drug test.
2. Employer Reports Your Failed Test
Under 49 CFR Part 382, § 382.705, the employer must report your failed pre-employment DOT drug test to the FMCSA Drug & Alcohol Clearinghouse within three business days of receiving the results.
Since all prospective employers are required to query the Drug & Alcohol Clearinghouse before offering you a job, they will see the violation and won’t be able to hire you until you complete the RTD process.
3. Your CDL is Automatically Suspended
When you fail a DOT drug test, your State Driving License Agency (SDLA) must downgrade your CDL to a regular license at a minimum.
You must complete the RTD process to regain your CDL driving privileges.
4. Barred from DOT Safety-Sensitive Work Until You Complete the RTD Process
You’ll be barred from working as a safety-sensitive, regulated worker until you complete the RTD process.
Your record in the Clearinghouse will remain for five years or until you complete the RTD process, whichever occurs first.
5. You Are Referred to a DOT-Qualified SAP
The employer will provide you with a list of DOT-qualified Substance Abuse Professionals (SAPs).
You can also research DOT-qualified SAPs in your area or online to find one that’s convenient for you.
American River Wellness is a DOT-qualified SAP and offers virtual SAP evaluations for added convenience.
6. Your SAP Will Conduct an Evaluation
You’ll meet with your DOT-qualified SAP for an evaluation.
The SAP will ask you questions about your violation, substance abuse history, and other factors that contributed to your failure or refusal.
They will then design a treatment plan based on their findings that you must complete.
7. Complete Your Treatment and Education Recommendations
Depending on your violation and substance use history, the SAP might recommend any of the following:
- Drug and alcohol education classes
- Outpatient counseling
- Support groups
- Group counseling
- Inpatient drug rehabilitation (when necessary)
You must complete all of the SAP’s treatment and education recommendations.
Your SAP will monitor your progress throughout your treatment.
8. Meet With Your SAP Again
Once you’ve completed your treatment and education requirements, you’ll meet with your SAP again for a follow-up visit.
If they’re satisfied with your progress, you’ll be cleared to complete a return-to-duty (RTD) drug test.
9. Complete and Pass the Return-to-Duty Drug Test
You must complete an RTD drug test and submit a negative result.
This test will be under direct observation.
If you pass, it will be reported to the FMCSA Drug & Alcohol Clearinghouse, and your SAP will report that you are cleared to return to work.
10. Complete Follow-Up Tests With any New Regulated Employer
Once you get a new job as a CDL driver with a regulated employer, you must complete a follow-up testing program designed by your SAP.
Your employer is responsible for implementing the follow-up testing program.
At a minimum, you’ll have to take at least six follow-up drug tests within the first 12 months.
These tests are directly observed.
Follow-up tests can continue up to five years, depending on your SAP’s recommendations.
If you fail or refuse a follow-up test, you’ll be removed from duty and will have to restart the RTD process.
Get Help After a Failed Pre-employment DOT Drug Test
If you’ve failed a pre-employment DOT drug test, don’t lose hope.
You can regain your CDL driving privileges and obtain employment as a CDL driver by completing the RTD process.
Contact the DOT-qualified SAPs at American River Wellness today to schedule your SAP evaluation and get started: (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
Generally, no. You can request split-specimen testing if you believe the result is wrong, but it will be at your cost.
A failed DOT drug test will stay on your record in the FMCSA Drug & Alcohol Clearinghouse for five years or until you complete the RTD process, whichever occurs first.
Yes, individuals who fail or refuse a DOT drug test typically are responsible for paying for the SAP evaluation.
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