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Return-to-Duty Process from a Non-DOT Test: What are the consequences when a CDL driver tests positive on a non-DOT drug test and has not completed a return-to-duty (RTD) process with a substance abuse professional (SAP)?

Document
FMCSA-D&A-40.13-FAQ001 tmw.docx (25.98 KB)

Guidance clarifying that a non-DOT positive test does not results in a federal prohibition.

Question

Return-to-Duty Process from a Non-DOT Test: What are the consequences when a CDL driver tests positive on a non-DOT drug test and has not completed a return-to-duty (RTD) process with a substance abuse professional (SAP)?

Answer

There is no Federal prohibition resulting from a driver testing positive on a non-DOT drug test. 49 CFR §40.13 requires that DOT and non-DOT testing be completely separate.

Regulatory Topic: Guidance clarifying that a non-DOT positive test does not results in a federal prohibition.
Effective Date: Friday, May 15, 2015
Issued Date: Friday, May 15, 2015