What to Do After a Failed Drug Test: Your Guide to Returning to Work

Failed a DOT drug test? Don’t panic.

While failing a drug test can be stressful, it’s not the end of your career.

There is a structured return-to-duty process that can get you back on the road.

At American River Wellness, our experienced DOT Substance Abuse Professionals (SAP) have guided countless transportation workers through this exact situation.

This guide will walk you through each step needed to return to your safety-sensitive position quickly and confidently.

Immediate Steps to Take After Failing a Drug Test

1. Immediately Stop Your Safety-Sensitive Work

Under 49 CFR part 382, § 382.215, drivers who test positive for drugs must immediately stop working. If you fail a drug test, you can’t continue driving a commercial vehicle.

Your employer must also remove you from your job until you complete the return-to-duty process after they receive a verified positive result per 49 CFR, part 40 § 40.23.

While your employer could fire you for failing a drug test, many companies allow drivers and other safety-sensitive employees to go through the return-to-duty process before deciding whether to terminate them.

After you fail your test, your employer must give you a list of DOT-qualified Substance Abuse Professionals (SAPs).

You can also search for one online to find a qualified DOT SAP program, like American River Wellness, that is flexible and convenient.

2. Confirmation Test

The return-to-duty (RTD) process doesn’t begin until after your test result is confirmed.

When you submit a urine sample, it is split into two containers. One specimen is sealed and retained by the initial testing laboratory.

When your initial test returns a positive result, your primary specimen will automatically be sent to a medical review officer (MRO) for confirmation testing.

This second step involves a more sensitive analysis.

If the confirmation test verifies your result as positive, the verified test will be sent to your employer.

At the time your employer receives the verified result, they will stand you down from driving or performing other safety-sensitive duties.

3. Review Your Company’s Drug Testing Policy

Read your employer’s drug testing policy. Some employers offer Employee Assistance Programs (EAPs) for employees who have a substance abuse problem.

While most employers won’t pay for your SAP evaluation, some do. Talk to HR to find out if your employer will pay for your evaluation and recommended treatment.

4. Schedule a Substance Abuse Professional (SAP) Evaluation

You must complete an evaluation conducted by a DOT-qualified SAP and follow their recommendations before you will be cleared to return to your job.

At American River Wellness, we offer virtual appointments for added flexibility and often have same- or next-day availability.

This allows you to get started on the process quickly so you can return to work faster.

5. Prepare for Your Evaluation

To prepare for your SAP evaluation, do the following:

• Gather any records of your violation: test result, police report (if applicable), or work incident report (if applicable)
• Review your company’s drug testing policy
• Avoid using alcohol or drugs
• Read about the return-to-duty process so you know what to expect
• Understand your legal obligations under the DOT’s drug and alcohol rules and the Federal Motor Carrier Safety Administration Drug & Alcohol Clearinghouse

6. Complete Your Evaluation

During your SAP evaluation, your SAP will ask questions about your failed test and the circumstances surrounding it.

They will also ask you about your substance use and medical history to gain a thorough understanding of your fitness to return to work.

7. Complete All Treatment and Education Recommendations

Based on your evaluation, your SAP will recommend treatment and/or education.

You must complete all the SAP’s recommendations before being cleared to return to work.

The recommendations might include any or all of the following, depending on your needs:

• Drug and alcohol education
• Outpatient substance abuse counseling
• Support groups
• Inpatient treatment (if necessary)

Your SAP will monitor your progress.

8. Take a Return-to-Duty Drug Test

Once you complete your treatment program, you will be required to take a return-to-duty (RTD) drug test.

This test will be directly observed. You must submit a negative test.

If you test positive, you’ll have to restart the RTD process again, which means you’ll have to pay for a new SAP evaluation, complete the recommended treatment, and take and pass another RTD test.

Your SAP will report your negative RTD test to the FMCSA Drug & Alcohol Clearinghouse.

9. Report Sent to Your Employer

When you’ve completed all treatment recommendations and submitted a negative RTD test, your SAP will write a report stating that you are fit to return to duty.

It’s up to your employer whether they let you come back, however.

10. Comply With Follow-Up Testing

Once you return to work for your employer or begin working for a new one, you’ll have to complete follow-up tests.

Your SAP will recommend at least six random drug tests during your first 12 months back at work or more for up to five years.

All results must be negative. If you submit another positive drug test, you’ll have to restart the RTD process.

What Happens if You Think Your Test Result is Wrong?

If you believe your verified drug test returned a false positive, you can ask for split-specimen testing.

You must request a split-specimen test within 72 hours of receiving your verified positive result under 49 CFR, part 40 § 40.171.

When this happens, the split specimen the initial lab retained will be sent for confirmation testing and compared against the results from your primary specimen.

Be sure to tell the lab personnel about any prescription medications you take since some might cause a false positive result.

Tell the testing lab personnel about all of your prescription and over-the-counter medications before your test, and avoid the substances listed above that have been shown to cause false positives in rare cases.

Understanding DOT Regulations & Clearinghouse Reporting

When you fail a DOT drug or alcohol test, refuse to submit to testing or submit an adulterated or dilute specimen, your employer and the MRO will report it to the FMCSA Drug & Alcohol Clearinghouse.

DOT-regulated employers must check the Clearinghouse before they hire you, so a new employer will see your failed test and won’t be able to hire you until and unless you complete the RTD process.

The record of your failed drug test will remain in the Clearinghouse for five years or until you complete the RTD process, whichever occurs first.

How to Check Your Clearinghouse Record

You have the right to check your record on the FMCSA Clearinghouse.

Once you have registered on the Clearinghouse, you can log in with your Login.gov ID. You’ll be able to see any drug and alcohol violations listed there.

It doesn’t cost anything to check your own record.

Relevant Laws and Regulations

Motor Carrier Safety Improvement Act (MCSIA)

Congress passed the Motor Carrier Safety Improvement Act (MCSIA) in 1999.

This federal law created the Federal Motor Carrier Safety Administration (FMCSA) as an agency within the US Department of Transportation.

The FMCSA regulates trucking companies and CDL drivers.

The MCSIA establishes penalties for certain offenses in your personal vehicle that can affect your CDL, including:

• DUI
• Chemical test refusals (alcohol breath test or drug and alcohol blood test) when asked to test by law enforcement officers
• Controlled substance offenses
• Any serious traffic offense that leads to the suspension or revocation of your driver’s license

A first offense of any of the above will lead to a one-year suspension of your CDL. A second offense could result in a lifetime CDL ban.

Drug Testing Requirements

Employers must conduct DOT drug tests on prospective and current safety-sensitive employees. The regulations are found in 49 CFR Part 382 and mandate the following:

• Types of tests that are required
• When and how DOT alcohol and drug tests should be performed
• The types of employees who must submit tests
• How employers must handle refusals

CDL Suspension and Prohibited Status

Under the 2021 final rule and 2023 DOT guidance, your CDL will be suspended immediately when you fail a DOT drug or alcohol test or refuse to take one.

Your status will be listed as “prohibited” in the FMCSA Drug & Alcohol Clearinghouse.

Confirmed positive test results or refusals automatically trigger a suspension or revocation of your CDL license since Nov. 18, 2024.

To remove your prohibited status, regain your CDL, and return to driving, you must complete the RTD process.

Your violations will appear in the FMCSA Clearinghouse for five years or until you complete the RTD process, whichever happens first.

Employers’ Reporting Requirement

Under 49 CFR Part 40, your employer must report to the Clearinghouse anytime you violate the DOT’s drug and alcohol rules.

Employers regulated by any of the agencies under the DOT must upload alcohol and drug test results to the Clearinghouse.

All potential employers must check the Clearinghouse before they can hire you, and your current employer must check it at least once per year to see whether you have any new violations.

Who Must Complete the SAP RTD Process

Under 49 CFR Part 382, § 382.503, drivers who violate any of the DOT’s drug and alcohol rules must complete the SAP RTD process before they can return to work.

This includes any of the following violations:

• Positive DOT drug test
• BAC of 0.04% or higher on an alcohol breath test
• Refusal to take an alcohol or drug test
• Submitting a substituted or adulterated sample
• Using alcohol within four hours of reporting to duty
• Using alcohol within eight hours following an accident
• Committing any other DOT drug and alcohol rule violation

End of the RTD process

Under 49 CFR Part 40, § 40.305, your employer can’t reinstate you until they confirm that you completed the RTD process.

They must confirm all of the following before they can accept you back:

• You submitted a verified negative RTD test
• You completed all of the treatment and education your SAP recommended
• For an alcohol violation, you submitted an alcohol test with a BAC below 0.02%

Get Help From American River Wellness Following a Failed DOT Drug Test

If you failed a DOT drug test, it’s important to start the SAP RTD process as soon as possible to get back to work.

At American River Wellness, we complete SAP evaluations quickly and can often get people in the same day or the next day.

To schedule your SAP evaluation and get started on the process, call us today at (833)436-8727, or fill out our online contact form.

DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.

FAQ