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Employer Resources
Drug-Free Workplace Support
A well-run drug and alcohol program helps protect your employees, your customers, and your company. TCS supports employers with:
- DOT SAP evaluations for employees and applicants who violate DOT drug and alcohol rules
- Drug and alcohol policy development for DOT and non-DOT workplaces
- Cannabis education and drug-free workplace services for non-DOT employees
- Training for Designated Employer Representatives (DERs) on DOT drug and alcohol testing
Add Us to Your DOT SAP List
When an employee or applicant violates DOT drug and alcohol rules, 49 CFR 40.287 requires you to give them a list of qualified DOT SAPs, whether or not you keep them on or hire them. We would welcome being on your list.
Transitional Care Services, Inc.
[email protected]
Phone: (443) 560-0922
For DERs: The DOT Return-to-Duty Process
If one of your employees has violated a DOT drug and alcohol rule, here is what the return-to-duty process looks like and what the employer is responsible for.
- Remove the employee from safety-sensitive duties immediately.
- Provide a list of qualified DOT SAPs to the employee (49 CFR 40.287).
- The employee chooses a DOT SAP and schedules the initial evaluation. CDL drivers must also designate their DOT SAP in the FMCSA Clearinghouse.
- The DOT SAP sends the initial evaluation report directly to the DER.
- The employee completes the recommended education and/or treatment.
- The DOT SAP conducts the follow-up evaluation and sends the report and the follow-up testing plan directly to the DER.
- The employer conducts a return-to-duty test. Drug tests must be directly observed, and the result must be negative (alcohol below 0.02).
- The employer decides whether to return the employee to duty and carries out the DOT SAP’s follow-up testing plan: at least 6 unannounced tests in the first 12 months, and up to 5 years. Do not share the follow-up testing plan with the employee.
- FMCSA-regulated employers report the return-to-duty test result and completion of follow-up testing in the Clearinghouse.
New Employer? How to Request DOT SAP Reports
The DOT SAP’s follow-up testing plan follows the driver to every new DOT-regulated employer (49 CFR 40.307). Before the driver performs safety-sensitive duties, the new employer is responsible for obtaining the driver’s written consent and requesting return-to-duty records from previous DOT employers (49 CFR 40.25). We cannot obtain this consent on your behalf.
To request our reports, the DER should email us on company letterhead and attach the driver’s signed release. Reports are sent only to the DER, never to the driver.
You may use your own release form, but it must specifically authorize release of the DOT SAP evaluation reports and the follow-up testing plan under 49 CFR Part 40. A general one-sentence release is often not enough. For an example of a release that covers the DOT SAP requirements, see our DOT SAP Release of Information: Driver Authorization Form.
Learn more about our DOT SAP evaluation services.
Policy Development
A clear, compliant drug and alcohol policy is the foundation of a safe workplace. Whether you need to update an existing policy or write a new one, we’ll start by learning your testing goals, your workforce, and which regulations apply to you, and then help you build a policy your team can follow with confidence.
Learn more about our consulting services
What Is the FMCSA Clearinghouse?
The FMCSA Drug and Alcohol Clearinghouse is a secure online database of drug and alcohol program violations for commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders. It has been in effect since January 6, 2020.
Employers of CDL drivers must register in the Clearinghouse, run a full query before hiring a driver, run at least an annual query on every current driver, and report violations and return-to-duty information. Drivers must register separately to give electronic consent for full queries.
Since November 18, 2024, state licensing agencies must remove the commercial driving privilege from drivers whose Clearinghouse status is “prohibited” until they complete the return-to-duty process.
FMCSA CLEARINGHOUSE EMPLOYER RESOURCES
Frequently Asked Questions
Yes. If an applicant for a safety-sensitive position has a verified positive test or refuses a test, you must give them a list of qualified DOT SAPs, even if you decide not to hire them.
Providing the list is required under 49 CFR 40.287. Employers who don’t comply can face DOT enforcement action and civil penalties.
No. DOT rules don’t require termination. Whether to keep, discipline, or terminate the employee is up to your company policy and any labor agreement. The employee must be removed from safety-sensitive duties either way.
Only if that counselor is a qualified DOT SAP. DOT SAPs must hold specific credentials and complete DOT-required training, an exam, and continuing education. Many EAP counselors don’t meet those requirements.
The initial and follow-up evaluations must be done by a qualified DOT SAP. A treatment program can provide the education or treatment the DOT SAP recommends.
No. DOT leaves payment up to the employer and employee, and it may be addressed in company policy or a labor agreement.
No. DOT rules don’t allow employers or employees to seek a second DOT SAP evaluation to get a different recommendation.
After the follow-up evaluation, the DOT SAP sends a report to the DER stating whether the employee successfully complied, along with the follow-up testing plan. The decision to return the employee to duty remains with the employer.
DOT doesn’t require one, but it’s good practice. A written agreement should spell out the services, fees, responsibilities, and your right to replace a service agent who doesn’t follow DOT rules.
Additional Resources
Find links to federal agencies, recovery support groups, and other helpful organizations.
GET IN TOUCH
Need a DOT SAP for an employee or applicant, or help with your drug and alcohol program? Call (443) 560-0922 or contact us today.
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