What Happens When an Employer Refuses to Enter a Negative Return-to-Duty Test on the Clearinghouse?

Navigating employment regulations can be tricky, especially when it comes to return-to-duty tests for drivers. Sometimes, an employer fails to enter a driver's negative test result into the Clearinghouse. This mistake can leave the driver’s dashboard showing they are ineligible to drive, even though they have done everything required. Let's look at what happens in these situations and how to solve them.

The Problem

Picture this: a driver completes a return-to-duty test and receives a negative result. However, the employer does not update the Clearinghouse with this information. As a result, the driver's dashboard still shows "Ineligible to Drive."

This creates problems, especially when the driver looks for a new job. Prospective employers, upon seeing the ineligible status on the dashboard, cannot hire the driver despite the negative test result.

Seeking Help from a SAP

In many cases, drivers turn to a Substance Abuse Professional (SAP) for assistance. The SAP's role is to guide the driver through the return-to-duty process and ensure compliance with federal regulations.

When an employer refuses to enter the negative return-to-duty test date, stating reasons such as "I paid for it, it belongs to me," and "The driver is no longer here, so I won't enter the date," the SAP can step in to address the issue.

Regulatory Requirements

The regulations clearly outline the employer's responsibilities for return-to-duty tests. According to 49 CFR § 382.705(b)(1), employers MUST report the following information about a driver to the Clearinghouse within three business days of receiving it:

1. A positive test result for any controlled substance or alcohol misuse.
2. A negative return-to-duty test result.

This is a mandatory requirement, not optional. Employers are legally obligated to report a negative return-to-duty test result, even if the driver no longer works for them.

Solutions

When faced with a non-compliant employer, the SAP can take the following steps:

Inform the Employer of the Regulation: The SAP will remind the employer of their legal obligation to report the negative return-to-duty test result. The regulation clearly states that the employer must enter this information, regardless of whether the driver is still employed with them.

Request Compliance: The SAP can formally request the employer to comply with the regulation, emphasizing the importance of accurate reporting for the driver’s employment prospects and the integrity of the Clearinghouse data.

Consider Alternative Testing: If the employer remains uncooperative, the new employer has the option to initiate a new return-to-duty test. This ensures that the driver can demonstrate compliance and regain eligibility.

Document the Efforts: Both the SAP and the driver should keep detailed records of all communications and efforts made to resolve the issue. This documentation can be useful if further action or legal advice is needed.

The Bottom Line

It's frustrating for drivers and SAPs when employers refuse to comply with regulations, leaving drivers in a difficult position. However, the regulations are clear, and employers have a legal obligation to report negative return-to-duty test results. By understanding these rules and taking appropriate steps, drivers and SAPs can navigate these challenges more effectively.

Remember, maintaining accurate and timely records in the Clearinghouse is crucial for ensuring fair employment opportunities for drivers and upholding the integrity of the system.

If you’re facing this issue, you may reach out to us for guidance and ensure that all regulatory steps are followed to protect your right to work.

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