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United States Department of Transportation United States Department of Transportation

If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 al

Section § 382.503: Required evaluation and testing.

Guidance Q&A

Question 1: If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 alcohol concentration without having been evaluated by a substance abuse professional (SAP), may the motor carrier accept the subsequent test results and ignore the requirement to refer the driver to an SAP for evaluation and possible treatment?

Guidance: No. A motor carrier must have a report from an SAP showing that the driver has been evaluated and may return to work because he or she:

  1. Does not need treatment;
  2. Needs part-time outpatient treatment, but may continue to drive while being treated on his or her off duty time; or
  3. Needed full-time outpatient or inpatient treatment, has received such treatment, and is ready to return to driving.

The driver must also pass a return to duty controlled substances or alcohol test that complies with all of the requirements of parts 40 and 382.

Regulatory Topic: Guidance on whether employer may accept subsequent test results
Published Date: Friday, February 28, 2020
Issued Date: Friday, February 28, 2020