Introduction
The Department of Transportation (DOT) Return-to-Duty (RTD) process is a systematic program that verifies whether safety-sensitive employees who have violated DOT drug and alcohol regulations are ready to return to work. For whichever safety-sensitive transportation worker and commercial driver, pilot or other peacekeeper who has a positive drug test or refused a test must complete the RTD process before you can resume your duties. One quintessential question common to people undergoing this sort of procedure is: How long does this take?
In this article, we provide a basic timeline of the DOT Return-to-Duty process and what impacts the length of time it takes.
A Guide to the DOT Return-to-Duty Process
FMCSA and other DOT agencies under 49 CFR Part 40 regulate the DOT Return-to-Duty process. It is a multistep process that has evaluation, treatment, testing and follow-up surveillance. The timeline will vary based on the employee’s speed of compliance, the availability of a qualified Substance Abuse Professional (SAP) and the individual’s progress through the program.
A Second Chance to Make the Right Step – The DOT Return-to-Duty Process
Step 1: In short, the 1st step is the identification of a DOT violation (Day 1).
- A DOT violation is when an employee tests positive for drugs or alcohol, refuses the test, or otherwise violates DOT drug and alcohol regulations.
- The employer immediately takes the employee out of safety-sensitive functions.
- The violation is listed in the FMCSA’s Drug & Alcohol Clearinghouse.
Finding a Substance Abuse Professional (SAP) Step 2 (days 1–5):
- The employee will need to find a DOT-qualified SAP (substance abuse professional) who will help them through the process.
- The employer is required to provide the employee with a list of sap’s, but is under no obligation to pay for sam.
- The time to identify and schedule an initial evaluation process depends on the SAP’s availability.
Step 3: Additional Evaluation of SAP (Days 5-10)
- The employee will need to find a DOT-qualified SAP (substance abuse professional) who will help them through the process.
- The employer is required to provide the employee with a list of sap’s, but is under no obligation to pay for sam.
- The time to identify and schedule an initial evaluation process depends on the SAP’s availability.
What To Expect During the Evaluation:
- To assess the level of treatment or education needed, the SAP conducts in-person or virtual evaluations.
- Based on the evaluation, the SAP offers a treatment and education plan.
Step 4: Finish Treatment and/or Education Program (Varies: Usually 2-12 Weeks)
- The time span of treatment depends upon the severity of the violation and SAP recommendations.
- Counseling for substance abuse, classes, rehab, or follow-up testing requirements may be part of the treatment.
- Some employees may be able to go through a brief educational program in as little as two weeks, while others may need longer-term treatment.
Step 5: Post-SAP Evaluation (60+ Days)
- After treatment or education is complete, the SAP reassesses the employee.
- If the SAP finds the employee has successfully completed the steps necessary to return to work, the SAP will furnish a written report to the employer indicating the employee is eligible for a return-to-duty test.
- Until this is cleared by SAP, the employee is unable to move on to testing.
Step 6 – Return-To-Duty Test (Days 90-95)
- This return-to-duty test that the employer schedules must be one that is directly observed and must be following DOT protocol.
- The employee cannot return to safety-sensitive functions until the test has a negative test result.
Step 7: Implementation of Follow-Up Testing Plan (Up to 5 years)
- The SAP establishes a follow-up testing plan that mandates no less than six unannounced drug and/or alcohol tests for the first 12-month period.
- SAP recommendations would dictate follow-up testing, which could last a maximum of five years.
- The follow-up tests should be scheduled and ensured compliance by the employer.
Encompassing the entire DOT Return-to-Duty Process
The whole process takes anywhere from a few weeks to several months, depending on a few factors:- Determining Whether a Violation Exists: Day 1
- Finding a SAP: 1-5 days
- Provisional evaluation on SAP: 5-10 days
- Treatment/Education: 2-12 Weeks (varies)
- SAP 60-90 days (treatment time) Evaluation Follow-Up
- Return-to-Duty Test: 90–95 days (or longer with delays)
- Follow-Up Testing: 12 months to 5 years
What Influences the Timeline
A few different things can affect how long the process will take:- SAP Availability: Gaps in scheduling your initial SAP review can hold up the process.
- Length of Treatment: If the SAP takes a long time to treat, this can elongate the timetable.
- Employee Compliance: SAP recommendations are implemented in a timely manner and all required sessions are attended. They can expedite this process.
- Testing Availability: If you have to take a return to duty test and/or follow-up tests, you must schedule it and do it on time.
How to Speed Up the Process
Although some stages of the DOT RTD process have an expiration date, employees can take steps to avoid waiting:
A few different things can affect how long the process will take:- Get a SAP quickly – The faster you book your first assessment, the faster this process gets underway.
- Comply with SAP instructions to the letter – Attend any necessary treatment sessions and educational sessions on time.
- Communicate with your employer – Stay in touch with your employer about testing schedules to ensure no delay.
- Compliance through timely follow-up testing – Following through on all follow-up tests at the appropriate intervals prevents future violations and delays.
Conclusion
Do not preserve files preserve copies of each of the files together with the assessments achieved, with the SAP assessments, with completion certificates, and test result summary pages for you in addition to your employer.
Conclusion
The Department of Transportation (DOT) Return-to-Duty process is essential in guaranteeing the fitness of safety-sensitive employees to return to safety-sensitive activities following a drug or alcohol violation. The length of the process differs from individual to individual, but employees typically go through it in 90 days to six months depending on treatment needs. Employees can make sure they know what to do at each step and that compliance is led ahead of the curve to get back to work as soon as possible.
You are excited to help others and share your knowledge, and your experience as a SAP makes you well-equipped to do so. Follow these orders as soon as you can and you can get back on the road sooner.