What is the immediate consequence of a failed test? : When a driver or employee violates the Department of Transportation (DOT) or Federal Motor Carrier Safety Administration (FMCSA) regulations by testing positive for drugs or alcohol, the consequences are immediate and adverse. A failed test can affect your employment status, driving privileges, and professional reputation. We will discuss the immediate consequences of a failed drug or alcohol test and what actions follow after that, making it easier for you to understand your obligations and options.
Immediate Consideration for the Removal from Safety-Sensitive Duties
The first and foremost immediate consequence is that which comes with immediate removal from safety-sensitive work. This means that the driver is immediately prohibited from operating a commercial motor vehicle (CMV) and from performing related activities such as loading or unloading or inspecting.
An action where a driver or employee is prohibited from performing safety-sensitive duties upon receipt of verified positive test results is mandated under the FMCSA drug and alcohol testing rule. Such actions act for the protection of the public, colleagues, and the transportation environment as a whole.
Mandatory Evaluation from a Substance Abuse Professional (SAP)
Once removed from duty, the employee must undergo a series of evaluations from a qualified Substance Abuse Professional (SAP). The SAP assesses the driver, makes recommendations, and recommends treatment or education programs before the individual can return to duty.
This evaluation is a major component of the DOT return-to-duty process to ensure the driver recognizes the seriousness of the violation and is able to comply.
Loss of Employment or Suspension
In many cases, an employee faces suspension or termination depending on the company policy following a failed drug or alcohol test. Most companies enforce a strict zero-tolerance policy for such violations for the safety-sensitive position in question. Even if termination does not occur, the driver cannot drive commercially until completing all SAP recommendations and successfully passing a return-to-duty test.
Return-to-Duty and Follow-Up Testing Requirements
Upon completion of the SAP process and the recommended treatment, an employee is required to undergo a return-to-duty test to be allowed back to a safety-sensitive function. Additionally, he will undergo follow-up testing that will occur randomly for a period of 12-60 months, depending on the recommendations of the SAP. This monitoring ensures that he is complying with FMCSA drug-and-alcohol regulations and protects himself as well as the public from any future risks.
A positive test can significantly impact a driver’s career; however, it does not necessarily end it, it does not have to mean the end of one’s trucking career. After gaining an understanding of the immediate consequences of a failed test, completion of the SAP process, and the FMCSA/DOT regulatory requirements, one can start regaining trust and beginning a professional career in good faith.
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