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SAP guide

SAP drivers: how the DOT return-to-duty process works

Short answer

After a DOT drug or alcohol violation, a CDL driver can go back to safety-sensitive work only after the return-to-duty process: an evaluation by a Substance Abuse Professional (SAP), the education or treatment the SAP prescribes, a follow-up evaluation, and a negative return-to-duty test. After that, the SAP's plan requires at least six unannounced follow-up tests in the first 12 months back on duty.

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What are the return-to-duty steps?

  1. Stop safety-sensitive work. After a violation you can't drive a commercial vehicle or do other safety-sensitive work until the process is complete.
  2. Get evaluated by a SAP. A DOT-qualified Substance Abuse Professional assesses you and recommends education, treatment or both.
  3. Complete the education or treatment the SAP prescribes.
  4. Follow-up evaluation. The SAP sees you again and decides whether you complied with the recommendations.
  5. Return-to-duty test. You must test negative for drugs and/or below 0.02 for alcohol. The drug test is collected under direct observation.
  6. Follow-up testing. Back on duty, you follow the SAP's plan: at least six unannounced tests in the first 12 months, and possibly more for up to 48 more months.

These are federal rules for DOT-regulated drivers (49 CFR Part 40 and Part 382). Your SAP and the employer's Designated Employer Representative decide the specifics of your case.

How does follow-up testing work?

The SAP decides how many follow-up tests you'll have and whether they're for drugs, alcohol or both. The minimum is six unannounced tests in your first 12 months of safety-sensitive duty after you return. The SAP can require more, and can extend testing through the following 48 months (49 CFR 40.307).

The employer, not the SAP, picks the test dates. Follow-up drug tests, like the return-to-duty test, are directly observed (49 CFR 40.67).

The plan follows you: if you change carriers, the remaining follow-up tests move with you to the new employer.

How long does a violation stay in the Clearinghouse?

Violation information in the FMCSA Drug and Alcohol Clearinghouse stays available to employers until every condition is met: the SAP has reported, you passed the return-to-duty test, you completed follow-up testing, and five years have passed since the violation (49 CFR 382.719). Finishing the steps quickly doesn't shorten the five years.

Will a carrier hire you after the SAP program?

Completing the process makes you eligible to return to safety-sensitive duty, but no employer is required to put you back to work. The regulation says an employer is not required to return an employee to duty just because the conditions are met; each carrier decides (49 CFR 40.305).

SAP drivers are allowed with the carriers Truvexa recruits for. Tell us where you are in the process when you apply, and your recruiter will explain what the carrier needs from you before you apply with them.

Which stage a carrier accepts, a finished program or follow-up testing still in progress, can differ. Ask your recruiter before you apply. The requirements page lists everything else you need.

What should you have ready when you call a recruiter?

  • The date of your violation.
  • Where you are now: SAP evaluation, education or treatment, return-to-duty test passed, or follow-up testing.
  • How many follow-up tests remain in your plan, if you know.
  • Your CDL class and years of OTR experience.

Questions about this topic

Can I drive while I'm in follow-up testing?

Yes. Follow-up testing happens after you return to safety-sensitive duty, so you keep driving while the unannounced tests continue under the SAP's plan.

How many follow-up tests are required?

At least six unannounced tests in the first 12 months after you return to duty. The SAP can require more and can extend testing for up to 48 more months.

Is the return-to-duty drug test observed?

Yes. Return-to-duty and follow-up drug tests are collected under direct observation.

Do you hire SAP drivers?

Yes, SAP drivers are allowed. Tell us where you are in the return-to-duty process when you apply.

Sources

  1. 49 CFR 40.305: How does the return-to-duty process conclude?
  2. 49 CFR 40.307: The SAP's function in prescribing follow-up tests
  3. 49 CFR 40.67: Directly observed collections
  4. 49 CFR 382.719: Clearinghouse availability and removal of information
  5. FMCSA Drug and Alcohol Clearinghouse

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