Follow-Up Testing Plans for Step 6 in the Clearinghouse

If a driver is in Step 6 of the FMCSA Clearinghouse return-to-duty process, the follow-up testing plan is not something we can give to the employee.

Federal DOT rules require the SAP to provide that plan directly to the employer’s Designated Employer Representative (DER), and they also forbid the employer, SAP, or other service agent from giving the employee a copy of the follow-up testing schedule or telling the employee the frequency or duration of that plan.

DOT Rule 49 CFR Part 40 Section 40.307

A Substance Abuse Professional must create a written follow-up testing plan after the employee has successfully complied with the SAP’s education or treatment recommendations.

The SAP must present a copy of that plan directly to the DER, and the SAP report that documents successful compliance must include the follow-up testing plan. Under 49 CFR §40.307(b), the plan goes directly to the DER, and under 49 CFR § 40.311(d)(9), the follow-up testing plan is part of the SAP’s written report to the employer.

DOT Rule 49 CFR Part 40 Section 40.307

Federal law is also very clear that this information is not to be shared with the employee. Under 49 CFR §40.307(g), the employer, SAP, or other service agent must not provide the employee with a copy of the follow-up testing schedule, and no one may tell the employee the frequency or duration of that plan.

In addition, 49 CFR § 40.329(c) says that even when an employee requests a copy of SAP reports, the SAP must redact the follow-up testing information before giving the report to the employee.

DOT Rule 49 CFR Part 40 Section 40.329

Our policy follows those federal rules. If an employer needs a follow-up testing plan for a driver who is in Step 6, the employer must contact us directly by email at sap@mydotsap.com. We provide follow-up testing plans only to the employer or DER, as required by federal regulation.

Employees are welcome to contact us with general questions about the return-to-duty process, but we cannot send the follow-up testing plan to the employee, explain the schedule, or disclose how often testing will occur. This is not our preference alone; it is a federal compliance requirement designed to keep follow-up testing unannounced and effective.

If you are an employer, please include the driver’s full name, last 4# of SS , company name and DOT #, and your contact information when you email us. Once we verify that you are the authorized employer or DER, we can respond regarding the follow-up testing plan in a compliant manner.

Best Regards,
The American River Wellness Team