Employer Resources

Employer Resources

As an employer, you know that a drug-free workplace increases productivity and decreases liability. Our program can help you:


  • Reduce workplace accidents
  • Save on workers’ compensation premiums
  • Maximize employee productivity
  • Reduce healthcare costs

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As an employer, if your employee or potential employee has violated a DOT drug or alcohol drug test, DOT 49 CFR 40.287 requires you to furnish a list of qualified DOT SAPs for the employee or candidate to begin the return-to-duty process, regardless if they retain employment or never hired.


Transitional Care Services, Inc.
[email protected]
Phone: (410) 779-1314

Policy Development

An effective drug and alcohol policy is the key to creating a safe, drug-free workplace. Whether your company is seeking to revise a current policy or develop a new one, the team at Transitional Care Services (TCS) has the experience, industry knowledge and skills to develop an executable and regulatory compliant policy that your company can rely on.


When working with TCS, our first step in the policy development process is to identify your drug testing objectives and what you hope to achieve. TCS provides an extensive questionnaire to help accurately identify those drug-testing objectives so your policy will be tailored to your needs.

What is an FMCA Clearing House?

The FMCSA Drug and Alcohol Clearinghouse is a secure, online database that will give employers and other authorized users real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse was an act of Congress directed by the Secretary of Transportation back in 2012.


The Clearinghouse will improve safety on our Nation’s roadways by giving employers access to information they need to make informed safety decisions about when current or prospective drivers with drug and alcohol violations can safely resume safety-sensitive functions after completing the required return-to-duty process. The Clearinghouse launched on January 6th, 2020 for those authorized to utilize it.


The employer will need to be registered with FMCA and drivers will need to be registered separately to view the Clearinghouse record electronically, or to request electronic consent for a current or prospective employee to conduct a full query (including pre-employment query) in the Clearinghouse.



Frequently Asked Questions

Yes, if you have an applicant applying for a safety-sensitive position and the individual tests positive, the DOT regulations mandate that you provide the applicant with a SAP referral.

According to the DOT regulation 49 CFR Part 40, all companies with safety-sensitive employees that test positive on a random, pre-employment, reasonable suspicion or post-accident test, must give SAP referrals. If an organization fails to do so, they can be subject to severe fines by the Department of Transportation (DOT).

The decision to terminate an employee who has tested positive is left up to the organization and its internal policies. There are no federal regulations requiring the termination of a safety-sensitive employee.

EAP counselors deal with a spectrum of emotional issues that affect employees, such as relationships, family stress, anxiety and substance abuse. An EAP counselor utilizes different procedures and requirements concerning confidentiality. The majority of EAP counselors do not meet the qualification standards required to perform DOT mandated SAP evaluations.

Call Transitional Care Services at (410) 779-1314.

It is up to you whether or not to use a service agent. If you use service agents, the rules do not require a written contract, but having a written contract makes good business sense. A contract should include how and where the services will be provided, prices, and who will do what and when. To protect yourself, you should include a provision in the contract that allows you to replace the service agent if the service agent isn’t providing services that comply with DOT rules.

Not all Substance Abuse Counselors meet the qualifications of the Department of Transportation. TCS’ provider network is thoroughly credentialed and monitored to ensure adherence to all DOT SAP regulatory requirements.

The time required to complete the DOT return-to-duty program is determined by the SAP and is based on the individual’s need for either treatment or education.

The DOT does not require the employer to incur the cost of the SAP program. This decision is left up to employers themselves and employees themselves to decide and may be governed by existing management-labor agreements.

No, DOT regulations strictly prohibit second opinions. The employee must comply with the recommendations of the original SAP.

The SAP is responsible for monitoring compliance of the employee’s treatment and/or education programs. TCS will also assist in facilitating communication to the DER regarding compliance.


Additional Resources

There are a multitude of additional resources available for our patients.




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