When an employee has violated a DOT alcohol or drug regulation, even if he/she is terminated, he needs Substance Abuse Professional
(SAP) Services. The employer is required to provide a list of qualified SAPs. The employee must be removed from safety sensitive duty until the process is complete. Failure to do so may result in fines for the employer and the employee.
The Return to Duty Process involves the following:
1. The employer provides the employee with a list of qualified SAPs.
2. The employee calls and makes an appointment with a SAP.
3. If the employee works under FMCSA, he must register on the FMCSA Alcohol and Drug Clearinghouse and request a SAP.
4. The employee has a face to face evaluation with a SAP and is referred to a separate resource who will provide the education or treatment recommended by the SAP.
5. Upon completion of the recommended program, the employee returns to the SAP for a follow up evaluation to determine compliance and progress.
6. The SAP provides the employer with documentation of compliance and a follow up testing plan.
7. The EMPLOYER must conduct a "return to duty" drug screen before returning the employee to safety sensitive duty. (This test, and all follow up tests require "direct observation.")