The FMCSA has signaled big changes in an effort to close a loophole in the DOT Return to Duty Process. In its Notice of Proposed Rulemaking state licensing agencies will be required to “downgrade” the license of a driver for whom a verified positive drug test, a confirmed alcohol test of 0.04 or higher, a refusal to submit to a test, or an employer’s actual knowledge is reported to the Clearinghouse. In short- fail a urine drug screen or breath alcohol test, you will lose your license as well.
The goal of this proposed change is to make sure that employees are not merely switching employers following a violation. CFR Part 40 requires those employees to complete the specified Return to Duty Process which includes seeing a qualified Substance Abuse Professional. While no date has been announced for this change it will likely occur as the Clearinghouse goes into effect in January, 2020. The Clearinghouse requires all violations to be entered into a web-based data system.
We at Heartland Intervention, LLC applaud this change but realize that it will likely result in dramatically higher costs for employees. We are a leading provider of DOT Substance Abuse Professional evaluations in Indiana. If you have any questions about this change the current DOT Return to Duty guidelines, call Scott J. Watson, SAP directly at 317-752-8811.