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Q1. Return-to–duty/Pre-employment Testing:  What type of DOT tests must an employer provide in order to hire a driver who has completed the referral and evaluation process with a SAP, but still needs a return-to-duty test before the driver may perform a safety-sensitive function?

A1. An employer may give the driver a single DOT drug test that will meet both the requirements of 382.301(pre-employment test) and 382.309 return-to-duty test (RTD).  [382.309, Question 1]. But the single test must be characterized as a DOT return-to-duty and conducted under direct observation.In other words, a DOT RTD will suffice for a DOT pre-employment test, but a DOT pre-employment test will not suffice for a DOT RTD test.

Q2. Requirements for Positives or Refusals:  A CDL driver tests positive, or refuses to take, a DOT drug test. What must the driver do to be able to resume operating any type of commercial motor vehicle?

A2. 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 are found in [49 CFR Part 40, Subpart 0]

Last updated: Wednesday, April 11, 2018