Frequently Asked Questions

Costs vary by situation, but Brian’s SAP evaluation fees are far lower than most national SAP providers. Contact him directly for transparent, affordable pricing.

If you violate the Department of Transportation (DOT) drug or alcohol regulations, you must successfully complete the return to duty process to be eligible to return to safety sensitive function.

According to DOT regulations, refusing to take a drug or alcohol test is treated the same as a positive test and constitutes a violation.

If you violate any DOT drug or alcohol regulation, you must successfully complete the return to duty process to be eligible to return to safety sensitive function.

You must use a qualified Substance Abuse Professional (SAP) to go through the return to duty process. The SAP will have to:

• Conduct a thorough face to face Initial Evaluation.
• Recommend a required plan for treatment and/or education.
• Send an Initial Evaluation Report to your employer’s Designated Employers Representative (DER) with the recommendation and enter completion of this step in the Clearinghouse.
• Monitor your progress through the treatment and/or education and confirm successful completion.
• Be able to produce a negative drug test.
• Conduct a thorough face to face Follow Up Evaluation to verify understanding of the treatment/education, and successful compliance with recommendations.

If the SAP agrees the treatment/education was successful, they will send a Follow Up Evaluation Report to your employer’s DER, or future employer’s DER, and enter completion of this step in the Clearinghouse. The DER can then order a return to duty drug test which will be an observed test. If the test is negative, you are eligible to return to safety sensitive duty. If the return to duty drug test is positive, it is considered a new violation, and you must start the entire return to duty process over again.

If the SAP determines you have not successfully completed the treatment/education, a non-compliance report will be sent to your DER, and you must continue to work through the program.

If you return to safety sensitive duty, the SAP will set up a follow up testing plan consisting of a minimum of 6 unannounced tests within the first year. The SAP has the right to require any amount of testing over 5 years. All drug tests will be observed.

No, only a qualified SAP can conduct the return to duty process. DOT requires a qualified SAP to evaluate DOT employees with a violation.

The Clearinghouse is a database specifically for FMCSA drivers. Starting in 2020, all FMCSA violations must be recorded in the Clearinghouse. A violation remains in the Clearinghouse for at least 5 years, or until the driver has completed the SAP’s testing plan, whichever is later.

The FMCSA employee/driver has to go to their dashboard in the Clearinghouse to formally choose their SAP. The SAP will immediately receive an email after the driver has made a selection, then the SAP must accept the case on their dashboard.

All FMCSA employers are required to check the driver’s record in the Clearinghouse before being hired. The employer is also required to check all currently employed drivers on an annual basis.

https://clearinghouse.fmcsa.dot.gov/

DOT has no regulations regarding who pays for the SAP services. Some employers may cover the cost, but many require the driver to pay for the SAP services themselves. You should be able to find the answer to this question in your employee policy and procedures manual.

All FMCSA violations are recorded in the Clearinghouse, and all employers are required to conduct a pre-employment check of your record.

No. DOT regulations are very clear that once you have started the initial evaluation process with an SAP, you cannot switch to a different SAP. If you or your employer seek a second opinion, DOT can fine both of you for such actions.

The duration of the return to duty process depends on the treatment plan set by the SAP after the Initial Evaluation, which is determined by your specific case. Typically, the return to duty process can take anywhere from a few weeks and a few months.

No. DOT regulations dictate the testing schedule be confidential. Only the SAP and DER will be permitted to have this information. All tests will be unannounced, and observed. The FMCSA employer can be fined for not complying with the testing schedule.

This is left up to your employer to decide. Some employers pay for follow up tests, but most require the employee to pay.

You will have to do the entire return to duty process again. Many employers terminate employees for a second violation. If you are terminated, you will still need to complete the return to duty process to be eligible for future safety sensitive functions.