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Requirements for Positives or Refusals: A CDL driver tests positive, or refuses to take, a DOT drug or alcohol test. What must the driver do to be able to resume performing safety sensitive functions, such as operating any type of commercial motor vehicle

Document
FMCSA-D&A-382.503-FAQ001 tmw.docx (28.19 KB)

Guidance about the return-to-duty requirement.

Question

Requirements for Positives or Refusals: A CDL driver tests positive, or refuses to take, a DOT drug or alcohol test. What must the driver do to be able to resume performing safety sensitive functions, such as operating any type of commercial motor vehicle?

Answer

A CDL driver who tests positive on a DOT test or refuses to take a DOT test, must successfully complete the return-to-duty (RTD) process with a DOT qualified substance abuse professional (SAP).  The requirements for the RTD process are found in 49 CFR Part 40, Subpart O. See 49 CFR 382.501, 382.503.

Regulatory Topic: Guidance about the return-to-duty requirement.
Effective Date: Wednesday, May 20, 2015
Issued Date: Wednesday, May 20, 2015