IMPORTANT UPDATE TO THIS BLOG! CDL & DOT/SAP EVALUATIONS CAN BE CONDUCTED REMOTELY ONLINE THROUGH SEPT. 30, 2020 OR THE END OF THE COVID-19 HEALTH CRISIS
The DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) has temporarily made allowance for DOT/SAP evaluations to be provided remotely online through September 30, 2020 or until it declares the COVID-19 public health emergency to be over.
DOT / SAP Evaluations Explained Step-by-Step
If you are a CDL holder, are employed as a truck driver, pilot, or similar and failed a DOT alcohol or drug test at work or left the testing site before successfully giving a sample, then your ability to work in your normal duties and make your normal income has hit a roadblock until you complete a DOT SAP evaluation. The roadblock part is easy to understand since your employer is under strict federal guidelines to immediately step you down from any safety-sensitive duties. Some employers also terminate the employee immediately, while others will move the employee to non-safety-sensitive duties while the issue is being resolved. Regardless, it is often unclear to the employee as to what to do next if they would like to stay at the same company or in the same occupation and work under DOT rules. The process for a rule violation, regardless of whether the employee had a positive test or not, is always the same, and this blog explains it step-by-step.
What’s A SAP?
First things first – First you need to find a SAP (Substance Abuse Professional) who has training that qualifies them to evaluate a safety-sensitive DOT employee. The SAP must meet with you in person to assess your history and status as far as alcohol or drug use are concerned. This meeting involves written questionnaire completion and a face-to-face interview. Directions Counseling Group lets you complete questionnaires online to save you time then meets you in-person for an interview (with an exception made by ODAPC during COVID-19). Typically, it requires 1-2 hours in the SAP’s office (or by video interview). You can find a SAP in your area by going to www.SAPLIST.com. SAPs charge different fees for their services and have varying degrees of experience. You can call the SAP up and ask about their fees, location, availability and overall approach.
How The SAP Helps You
At the end of the first meeting (initial SAP evaluation) with the SAP you are going to be directed to participate in education, counseling or treatment of some kind. The point of the first meeting is to choose an appropriate amount of intervention (education, counseling, or treatment). It is the SAPs job to find local resources for you to fulfill this DOT requirement. The SAP cannot refer you to themselves or anyone in their place of employment. This helps protect the employee from being taken advantage of by the SAP and avoids conflicts of interest.
When Will I Get Back to Work?
Employees commonly ask, "how long this is going to take?" Since employees may have very different circumstances and levels of severity with regard to substance use there is no “formula” or standard class for this process. It is the SAPs job to decide what is appropriate for each individual. However, after the first meeting, you should have a pretty good idea of how long your program is projected to last. Some individuals may only need brief educational intervention while others may need weeks or months of treatment.
As you are engaged in fulfilling the recommendation given by the SAP you can contact the SAP with questions or let the SAP know when you have finished. The SAP will need verification that you successfully completed the recommendation. You will need to provide written proof of completion or expect the SAP to communicate with the individual or individuals who provided services to you.
It’s All About Safety
Once the SAP is satisfied that you completed the recommendation, you must return to the SAP for the follow-up evaluation. This second meeting is an interview to discuss what impact the recommendations had on you and whether it is reasonable and safe to allow your employer to begin the retur- to-duty process. Safety is the main concern of the SAP, the DOT, and your employer.
Getting Return-to-Work Paperwork
The SAP will prepare three documents for your return to work process. First is documentation of the initial evaluation and recommendations. The second document is one indicating if you have been compliant with the recommendations and whether a safety-sensitive employer is allowed to return you to your normal duties after successful testing. The third document is your follow-up testing schedule which is prepared for the employer only, since it contains your follow-up testing requirements (from 12-60 months).
You should ask for a copy of your initial and follow-up evaluation documents for your own use at a later date, should you need it with a new employer. You are not allowed to have the follow-up testing schedule since the DOT prohibits you from knowing your testing schedule.
The follow-up testing schedule rules involve a minimum of 6 tests in the first 12 months of your return to work. After that, the SAP may set a testing schedule of any amount per 12-month period of safety-sensitive duty for up to 5 years total.
If you have tested positive for marijuana or cannabis products you need to be particularly careful not to take a DOT return-to-duty drug test until you are certain that you are not going to test positive for THC.
If You Have More Questions
There are many regulations involved in workplace testing and returning to work after a positive test or rule violation, but this blog covers the big picture of the process. Call us today at 614-888-9200 for a free consultation and get more answers to your questions. We have been serving DOT-regulated employees for the past 15 years and would be happy to help you out whether in-person (or remotely until COVID-19 is over and ODAPC declares in-person services the only acceptable option going forward).