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DOT SAP Evaluation for CDL Drivers – Return-to-Duty Program 2-4 Days

 

 

Substance Abuse Assessment – SAP for DOT

Substance Abuse Professional Evaluation for FMCSA and the Department of Transportation (DOT) Drivers.

DOT SAP Evaluation for CDL Drivers – Return-to-Duty Program. If you failed or refused a urine screen, you are in violation of § 40.285. When is an SAP evaluation required?
(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer

Most SAP Evaluations are conducted to help a DOT driver get back on the road after failing a random drug screen, a refusal, or a pre-employment urine screen. There is more than one way to fail these types of screens, and the most controversial is called a refusal. Refusal simply means that you did not complete the screening at the location and at the time it was offered. Here is an example of what could be considered a refusal: https://www.transportation.gov/odapc/sap

Example

John has been driving for Acme Trucking for the past 25 years. He has never failed a randomized drug screening and has actually never attempted either alcohol or drugs. Today, he hears on dispatch that he is being called to a DOT-certified screening center and will need to provide a urine sample. John understands that he needs to comply with the DOT regulations and heads straight to the screening center. Upon arrival, he gets in line, receives a ticket number, and waits for his number to be called. John then receives an urgent phone call. His daughter just got in a car accident and needs a ride back home because her car is totaled. John is a good father and, without a second thought, gets in his truck and drives to the scene of the accident, picks up his daughter, drives home, and not only saves the day but also incurs a refusal to take a screening.

You may ask yourself, “Why?” If you sign in to do a screening at a center and leave the premises for any reason, you will incur a refusal to test, which is considered a positive screening. You will have to undergo the same steps as an individual who tested positive.

positive for any substances. Unfortunately, the Clearinghouse has heard every excuse under the sun and simply has a policy that cannot be refuted for any reason. So, what does the process look like in order for you to get back on the road once you have incurred a citation in the clearinghouse? The first step to this process is to select a certified SAP from the clearinghouse. You may be asking another fair question: What is the clearinghouse? The clearinghouse is a DOT website and compendium of DOT-certified workers. This website provides information for anyone certified by the DOT, including drivers, SAPs, etc. When you receive a citation from the clearinghouse for a positive screen/refusal, the only way to have this removed is to undergo an SAP Evaluation and complete whatever recommendation is given to you.

Currently, the SAP requires at the minimum a 16-hour SAP addiction prevention workshop before you can get back to work. Upon completing the workshop, you will be given a Return to Duty letter, or RTD for short. This DOT Return-to-Duty (RTD) can be provided to an employer who is willing to hire you. Once they receive the letter, they will send you to a DOT-qualified screening center. If you test negative for all substances, your new employer will enter these results into the clearinghouse, your citation will be removed, and you will be eligible to return to work!

Again, this is the minimum amount of work needed to receive an RTD, but cases are different from driver to driver, and recommendations vary depending on a variety of factors, which include things like past use history, illicit substance type and amounts, mental health, etc. Obviously, a recommendation for a refusal will be much less than one for someone who fails a urine screening for heroin or cocaine.

If you or someone you know is missing out on thousands of dollars in pay due to an infraction in the clearinghouse, make sure to contact AACS so we can get you back on the road and your bank account back out of the negative as soon as possible. You may be asking yourself another question: Now that I have a violation in the clearinghouse, will I even be able to be hired? Many individuals who have received an infraction fear they will be unable to find a company willing to hire them. While many companies automatically filter out anyone with a past clearinghouse violation, others are willing to hire someone who has completed an SAP. Also, think about the following: do you really want to work for a company that doesn’t even give you a chance to show your true worth and just throws your resumé in the trash without asking what might have happened? I know I wouldn’t.

DOT Rule 49 CFR Part 40 Section 40.285

Subpart O – Substance Abuse Professionals and the Return-to-Duty Process § 40.285 When is an SAP evaluation required?

(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is an SAP evaluation.

(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a urine specimen), or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation. click here to know more: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/substance-abuse-professionals

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