Table of Contents
If you fail a DOT drug test, you must complete several steps before returning to work.
But what happens if you fail a DOT drug test twice?
At American River Wellness, we have years of experience helping people get back on the road.
In this guide, we explain what happens after a second failed DOT drug test—and how you can move forward.
Key Takeaways
● What happens after a failed DOT drug test depends on whether it’s your first or second failure and your regulating agency—CDL drivers must complete the RTD process, while FAA employees risk permanent disqualification after a second failure.
● To return to duty after a second drug test failure, CDL drivers must be removed from duty, complete the SAP process, pass a return-to-duty test, and comply with follow-up testing.
● As a DOT-qualified SAP, American River Wellness can help you get back to work faster with a same- or next-day SAP evaluation and progress monitoring.
What Happens After Failing a DOT Drug Test?
What happens after you fail a DOT drug test depends on the type of safety-sensitive position you have and which DOT administrative body regulates you.
If you fail a second time, you can anticipate facing harsher consequences.
Here’s what to know:
First Failure
When you fail a DOT drug test, your employer must immediately remove you from your safety-sensitive duties.
You will not be allowed to return to work until you complete the return-to-duty process.
If you’re a CDL driver, your CDL license will be automatically suspended. You won’t be able to get your CDL license back until you complete your DOT Substance Abuse Professional (SAP) program and the return-to-duty (RTD) process.
Regulated safety-sensitive workers in certain industries have additional penalties, including:
- Safety-sensitive workers regulated by the Federal Railroad Administration (FRA) – A refusal to test results in an automatic suspension of the worker’s license for nine months plus the requirement to complete the FRA RTD process.
- Safety-sensitive workers regulated by the Federal Aviation Administration (FAA) – A positive DOT drug test results in the removal from safety sensitive duties plus the requirement to complete the FAA RTD process.
- Credential workers regulated by the US Coast Guard (USCG) – Immediate removal from safety-sensitive duties, possible revocation of your license, and additional penalties from the USCG.
CDL drivers make up the majority of safety-sensitive workers affected by the RTD process requirement upon failing a DOT drug test.
If you’re a CDL driver, your employer will report your positive drug test to the FMCSA’s Drug & Alcohol Clearinghouse.
Your violation will remain in the database for five years or until you complete the RTD process, whichever occurs first.
The return-to-duty process requires you to enroll in a DOT SAP program, complete an evaluation, follow all treatment and education recommendations, pass a return-to-duty test, and adhere to follow-up testing requirements for up to five years.
Second Failure
Typically, a second DOT drug test failure means you fail a reasonable suspicion test and then a follow-up test, or you fail a follow-up test after completing the return-to-duty process.
A second DOT drug test failure can have serious consequences, including longer suspensions or permanent bans from certain roles.
The impact of a second DOT drug test failure also depends on which DOT administration regulates you.
Refer to the table below:
| DOT Administration | What it Regulates | Consequences of a First Drug Test Failure | Consequences of a Second Drug Test Failure |
| Federal Motor Carrier Safety Administration (FMCSA) | Transportation carriers and safety-sensitive CDL drivers | Immediate removal from duty; automatic CDL license suspension; mandated RTD process completion | Immediate removal from duty; automatic CDL license suspension; mandated RTD process completion |
| Federal Railroad Administration (FRA) | Railroads and safety-sensitive railroad workers | Engineers and conductors with one violation – Suspension for nine months and mandatory RTD process per 49 CFR Part 240, § 240.119(4)(i)-(iii) | Engineers and conductors with a second failed drug test – Suspension for five years and completion of the RTD process per 49 CFR Part 240, § 240.119(4)(i)-(iii) |
| Federal Aviation Administration (FAA) | Airlines, airports, and safety-sensitive airline workers | Potential certificate revocation and mandatory RTD process completion | Lifetime disqualification under 14 CFR Part 20 § 120.111(e) |
| Pipeline and Hazardous Materials Safety Administration (PHMSA) | Hazardous materials and pipeline companies and safety-sensitive workers | Removal from duty and mandatory return-to-duty process under 49 CFR Part 199 | Removal from duty and mandatory RTD process per 49 CFR Part 199 |
| US Maritime Administration (MARAD) | Maritime companies and safety-sensitive maritime workers | Removal from duty and mandatory RTD process per 46 CFR Part 16 | Removal from duty and mandatory RTD process per 46 CFR part 16 |
| Federal Transit Administration (FTA) | Public transportation systems (light rail, busses, commuter rail, trolleys) and safety-sensitive workers | Immediate removal from duty and mandatory RTD process under 49 CFR Part 655 § 655.61 | Immediate removal from duty and mandatory RTD process under 49 CFR Part 655 § 655.61 |
What Happens After You Fail a DOT Drug Test Twice
1. Immediate Removal From Safety-Sensitive Duties
Your employer must immediately remove you from your safety-sensitive duties upon a verified positive drug test under 49 CFR Part 40, § 40.23.
If you’re a CDL driver, you must stop driving and won’t be able to return to duty until you complete the RTD process.
2. Employer Reports Your Violation
Your employer will report your failed drug test to the FMCSA Drug and Alcohol Clearinghouse.
They must report it within three days via Login.gov under 49 CFR Part 382, § 382.705.
3. Referral to a DOT SAP Program
You will be given a list of DOT-qualified Substance Abuse Professionals (SAPs) by your employer.
You can also search online to find a SAP convenient to you.
At American River Wellness, we offer virtual SAP evaluations for greater convenience.
You won’t have to drive anywhere to get started.
4. Schedule Your Evaluation
Once you’ve selected a DOT SAP program, contact them to schedule your evaluation.
If you choose American River Wellness for your DOT SAP program, we offer same- and next-day availability to get you started faster.
5. Complete the Evaluation
Attend your SAP evaluation appointment.
Your SAP will ask you questions about your second failed drug test, your substance abuse history, your medical history, and the circumstances that led to your violation.
They will devise a treatment plan based on the results of your SAP evaluation.
6. Adhere to all Treatment and Education Recommendations
Your SAP might recommend any of the following treatment and education programs:
- Outpatient substance abuse counseling
- Group therapy
- Drug and alcohol education classes
- Inpatient treatment
They will monitor your progress during your treatment.
With a second failed drug test, you can expect more intensive treatment recommendations than you might have received after your first failure.
7. Pass a Return-to-Duty Drug Test
Once you successfully complete all recommended treatment and education requirements, you’ll meet with your SAP again.
You’ll need to take and pass a return-to-duty drug test.
This test will be directly observed.
A negative RTD test will be reported to the FMCSA Alcohol and Drug Clearinghouse.
8. SAP Submits Report
Once you complete treatment and pass your RTD test, your SAP will write a report clearing you to return to duty.
They will submit this report to your employer and the FMCSA Drug & Alcohol Clearinghouse.
9. Employer Makes the Final Decision
Your employer has discretion about whether to take you back following a failed drug test.
Even if you complete all of your treatment recommendations and submit a negative RTD test, your employer could decide against taking you back.
If you don’t get your job back and instead choose to apply with a different regulated employer, you’ll still need to comply with all follow-up testing requirements as outlined below.
10. Comply with Follow-up Testing Requirements
When you return to work, your employer must give you at least six random drug tests during the first 12 months.
You must comply with all follow-up tests and submit negative results each time.
Depending on your SAP’s recommendations, you might have to continue follow-up testing for up to five years.
After a second failed drug test, you can expect your follow-up testing program to be lengthy.
Failed a Second DOT Drug Test? American River Wellness Can Help
If you’ve failed a DOT drug test a second time, you’ll need to complete the RTD process again.
You can’t return to work until you do so.
At American River Wellness, we focus on getting you back to work as quickly as possible and offer SAP evaluations and referrals at an affordable price.
To learn more about our services and how we can help, call us today: (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
If you’re a CDL driver, a failed DOT drug test will remain on the FMCSA Drug and Alcohol Clearinghouse for five years or until you complete the RTD process, whichever occurs first.
Prospective employers will see your violation and won’t be able to hire you until you go through the RTD process.
When you take a DOT drug test, a positive test will be automatically sent to a Medical Review Officer (MRO) for confirmatory analysis.
This means that a failed DOT drug test has already been verified.
However, if you’re sure your result is wrong, you can ask for split-specimen testing.
At the time you submit your initial sample, it is split between two containers. One is sent to the MRO for review, while the second is sealed and retained by the original facility.
If you make a request to the MRO within 72 hours for split-specimen testing, the second half of the original sample will be sent to the MRO for confirmatory testing.
To prepare for your SAP evaluation, take the following steps:
– Read about the RTD process to familiarize yourself with what’s expected.
– Gather all documentation surrounding your failed test (test result, police report, employer report, etc.).
– Abstain from using alcohol or drugs.
– Review your company’s drug and alcohol policy.
About the Author
