Tag Archives: CFR Part 40

Was it a Violation?

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As one of the leading providers of DOT/SAP evaluations in Central Indiana, Heartland Intervention, LLC regularly sees clients as part of the CFR Part 40 Return to Duty process.  It’s also not uncommon for a client to seek such an evaluation, when they don’t really need or qualify under the federal rule.

So when is a “DOT violation” not really a violation?  CFR Part 40 requires an evaluation when a covered employee fails one of the following types of urine drug screen or breath alcohol test:  Pre-employment, Random, Follow-up, Return to Duty, Post-Accident and Reasonable Suspicion.  These are the ONLY types of test covered under the rule.

When an employee fails a test administered under company policy, union agreement or as part of a physical- even a DOT physical- it can be problematic, even dangerous.  But it is NOT a DOT violation and does not allow for a DOT assessment. As with many cases, there are a couple of loopholes and exclusions.  That is precisely why employers and employees trust Scott J. Watson and Heartland Intervention.

If you have question about CFR Part 40, contact us directly.  As a qualified DOT/SAP, Scott J. Watson has both clinical expertise and years of experience needed to navigate this challenging process.  He can answer your questions directly at 317-752-8811.

The Return to Duty process can be complex and challenging.  Trust an expert to guide you through the process or keep your company compliant with federal rule.

Drivers Face DOT Changes

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Heartland Intervention, LLC

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.