Frequently Asked Questions About DOT SAP Program | Resilient Return Counseling Solutions

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Who’s responsible for the testing payment?

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When a Substance Abuse Professional (SAP) recommends follow-up testing, the question of who pays for it isn’t directly addressed by Department of Transportation (DOT) rules. Instead, DOT leaves this matter to be worked out through employer policies, individual agreements, and labor-management discussions.Here’s the breakdown:

‍Employer Responsibility: When deciding whether to return an employee to safety-sensitive duties, the employer considers the costs. If the expenses related to hiring and training a new employee are higher than the costs of follow-up testing for the returning employee, the employer usually bears the responsibility.

‍Employee Pay Deduction: Some employers conduct both the return-to-duty and follow-up tests, but they deduct the testing costs from the employee’s pay. This approach allows the employee to work while ensuring the employer doesn’t shoulder extra expenses for these tests.

‍Accountability: Regardless of who pays, if the employee resumes safety-sensitive functions, the employer must ensure that the required follow-up testing happens. Failure to follow the testing plan can lead to accountability for the employer.

Remember, the focus is on safety, and follow-up testing helps maintain a secure work environment.

New Refusal or Positive Test During Follow-Up Testing Plan

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Violation Scenario: Imagine an employee who has previously violated drug or alcohol testing rules is now in a follow-up testing program.
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New Violation: If this employee violates the rules again before completing the follow-up program, here’s what happens:

Start Over: The employee must begin the process anew.

Steps to Repeat:
- SAP Evaluation : They need another evaluation by a Substance Abuse Professional (SAP).
- Return-to-Duty Test: A fresh return-to-duty test is required.
- New Follow-Up Plan: A brand-new follow-up testing plan is established.

Immediate Removal: Just like any other violation, the employee is immediately removed from safety-sensitive duties.

Back to SAP: The employee is sent back to the SAP.

Prohibition: Until the SAP confirms successful completion of education and/or treatment, the employee cannot perform any safety-sensitive duties regulated by the DOT.

Employer Policies: Additionally, the employee is subject to any employer policies related to subsequent DOT rule violations or permanent prohibitions.

What' are the follow-up testing minimum requirements?

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Follow-Up Testing Requirement: When an employee returns to safety-sensitive duties after substance abuse treatment, they need follow-up testing. This testing ensures they stay on track.
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Minimum Six Tests: Within the first 12 months of returning to work, the employee must undergo at least six follow-up tests. These tests are spread out over the year, not crammed into a shorter time frame.
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Flexibility: If the Substance Abuse Professional (SAP) believes more frequent testing is necessary during the initial months, they can recommend more than the minimum six tests. Alternatively, they can advise the employer to schedule more tests early in the year rather than later.
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Duration: Regardless, follow-up testing continues for at least one year to ensure ongoing safety.

Can you change a SAP's initial evaluation?

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Generally, no.

‍Here’s the lowdown:

Employees, employers, and service agents are advised that it is not permissible to alter or adjust the initial evaluation or recommendations provided by a Substance Abuse Professional (SAP). Any modification of the SAP's original recommendations, whether to make them more stringent or more lenient, is strictly prohibited. The authority of the SAP's decisions is to be respected as final.

However, there is an exception to this rule. The SAP who conducted the initial evaluation retains the authority to revise their assessment based on new, relevant information. This could include insights gained from educational or treatment programs subsequently attended by the individual in question. It is important to note that only the SAP who made the original evaluation has the discretion to make any adjustments to their assessment.

What happens if I test positive on a follow-up test?

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If you test positive again after a previous positive result, you’ll need to go through the entire return-to-duty process once more. Here’s what it entails:

‍Removal from Safety-Sensitive Functions: You won’t be allowed to perform safety-sensitive tasks.

‍SAP Evaluation: You’ll meet with a Substance Abuse Professional (SAP) who will assess your situation.

‍Recommendations: The SAP will recommend treatment or education.

‍Employer Actions: Many employers terminate employees for a second violation.

‍Job Search: If you’re terminated, and you want to apply for another safety-sensitive job with a different DOT employer, you must complete the SAP return-to-duty process.

What is a medical review officer?

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A Medical Review Officer (MRO) is a licensed physician who plays a crucial role in the drug and alcohol testing process for safety-sensitive employees, especially those regulated by the Department of Transportation (DOT).

‍Key points:

‍MROs review and validate urine drug test results obtained from certified laboratories.

They determine whether there is a legitimate medical explanation for a positive, adulterated, or substituted result.

MROs maintain confidentiality and report verified results to the designated employer representative (DER) in a timely manner.

When a drug test is positive, the MRO reviews the results, interviews the employee (if necessary), and assesses any potential legitimate medical reasons.

If no valid medical explanation exists, the MRO confirms the positive result.

The MRO then communicates the verified result to the employer while maintaining confidentiality.

YOUR MRO IS WHO YOU NEED TO CONTACT TO CHALLENGE YOUR POSITIVE DRUG TEST RESULT. YOUR SAP CAN NOT CHANGE YOUR VIOLATION. YOUR SAP CAN ONLY TAKE YOU THROUGH THE RETURN TO DUTY SAP STEPS.

Random Testing vs. Follow-Up Testing

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Random Testing:

‍Purpose: Random tests are like surprise checks. They happen without any specific reason or rule violation.

‍Observation: These tests are not done under direct supervision.

‍Frequency: They are independent of any rule violations and can occur at any time.

‍Substitution: Random tests cannot replace follow-up testing.

‍Duration: No fixed duration; they happen unpredictably.

‍Follow-Up Testing:

‍Purpose: Follow-up tests are directly related to a rule violation or returning to safety-sensitive duties after an issue.

‍Observation: These tests occur under direct supervision.

‍Frequency: Conducted not less than six times in the first 12 months after an employee returns to safety-sensitive work.

‍Duration: Can last up to 60 months.

‍Continuation: Employees subject to follow-up testing remain part of the random testing program.Remember, random and follow-up tests serve different purposes and cannot be swapped for each other.

What are the SAP steps in the Clearinghouse?

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Before the SAP can record information relating to your RTD status, you must send a request to designate your SAP in the Clearinghouse.

First, you must be registered in the Clearinghouse. Once you are registered, you can designate your SAP by following these steps:

1. Log in to the Clearinghouse using your login.gov username and password. If you have a new violation in your Clearinghouse record, your Driver Dashboard will display a message prompting you to select a SAP. Click “Designate your substance abuse professional” to begin the process.

2. Type the name of your SAP in the text box labeled “Who is your SAP?” Make sure to check the correct spelling. Be sure to enter the name the SAP used to register in the Clearinghouse. Our recommended SAP is Karishma Sarfani.

3. Review the displayed SAP information. When you are ready to designate this SAP, click “Send Request”.

Note: You cannot designate a different SAP in the Clearinghouse once the SAP accepts your designation request. However, if you have not yet started the initial evaluation with this SAP, you can contact the Clearinghouse directly and they will confirm with the designated SAP that you have not started and then will successfully remove them from your dashboard.

4. Your Driver Dashboard will indicate when the SAP approves your request and you are ready to move to the next step of the Return-to-Duty (RTD) process.

What happens after the employee completes the program?

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Congratulations on completing the program! Now that you’re ready to return to work, let’s break down the steps for your Return-to-Duty (RTD) process in simple terms:

1. RTD Drug Test

- Whether you’re staying with your current employer or moving to a new one, you’ll need to take an RTD drug test.
- If you’re an owner/operator, you can arrange this through your CTPA (Third Party Administrator).
- Your employer or CTPA must record the negative RTD test result in their system.

2. Randomized Drug Testing

- The SAP (Substance Abuse Professional) provides your employer with reports for randomized drug testing.
- Your employer will enter the results of these tests.
- Note that SAPs only clear you up to the 4th step (releasing you for the RTD test). The 5th and 6th steps are handled by your employer or CTPA.

3. Requesting SAP Reports
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- When you’re back at work or have a new job, reach out to resilientreturn@gmail.com.
- Provide a completed Release of Information Form with your employer’s details: name, address, contact person, phone number, and email.
- Have the Employer/Supervisor request the reports from resilientreturn@gmail.com. They will need to provide: company name, address, DOT #, DER/Supervisor full name, phone number, and email as well as the employee’s last 4 digits of their SSN.
- Allow 4-5 days for the email distribution at the latest. The average time for report turnover from us is 1-2 days.

4. SAP Report Fees:

The first time we send SAP reports to employers, it’s free. If you switch employers and need your reports resent, there’s a $25 fee.

Remember, safety comes first, and this process ensures that you’re ready to resume your duties responsibly.

What is the Clearinghouse?

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The Clearinghouse is a database that provides employers and government agencies with real-time access to information about commercial driver’s license (CDL) driver drug and alcohol program violations. Here are the steps to follow if you are a truck driver and need to use the Clearinghouse:

1. If you engage in prohibited drug or alcohol behavior, you must be immediately removed from performing all safety-sensitive functions. If you are on a dispatch, you must be told of the test result and instructed to park the vehicle.

2. The employer must present you with a list of substance abuse professions (SAPs) who have the appropriate credentials and DOT training to perform driver evaluations. The list must be given without a fee and made available to you whether or not the carrier retains you. If the motor carrier does not have another face-to-face meeting with you, this list may be mailed or emailed to you.

3. For drug test results, the medical review officer (MRO) will report the violation to the Clearinghouse.

THIS INCLUDES: SHY BLADDER scenarios without a valid medical explanation. Failed alcohol tests (.04 or greater BAC), actual knowledge, and certain refusal to test scenarios are reported by the motor carrier to the Clearinghouse.

Can you get a second opinion after a Substance Abuse Professional (SAP) evaluation?

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Scenario 1: Employees

‍For employees who have incurred a violation under the Department of Transportation's (DOT) drug and alcohol regulations, the question of seeking a second opinion following an initial evaluation by a Substance Abuse Professional (SAP) may arise. It is important to understand that obtaining a second evaluation in pursuit of a differing recommendation is not permissible. The process is designed to ensure consistency and integrity, analogous to seeking a single, authoritative answer to a specific question. Furthermore, attempting to secure a second evaluation could result in punitive measures from the DOT, including fines.

‍Scenario 2: Employers
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Should an employee undergo an evaluation by a qualified SAP, employers are also not allowed to get a second opinion. Even if your employee manages to sneak in that second evaluation (against the rules we just discussed), you, as the employer, can’t rely on it. Nope, not for any purpose related to DOT regulations. Non-compliance with this directive could also lead to financial penalties from the DOT.

In summary, both employees and employers must follow the rule that only one SAP evaluation is permitted. The regulations are designed to prevent the practice of seeking multiple evaluations to achieve a more favorable outcome.

What drugs are tested on a DOT test?

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- Marijuana (THC)
- Cocaine
- Amphetamines
- Opiates
- Synthetic Opioids (Fentanyl)
- Phencyclidine (PCP)

Will I be able to work after a DOT violation?

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Yes, there are many companies that accept employees AFTER they have been through the SAP program. You can refer to the link at the bottom of our website to access a list of SAP-friendly companies.

When are DOT tests conducted?

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Different types of testing occur at various times:

‍1. Pre-employment testing: Conducted before hiring or transferring an employee into a safety-sensitive role.

‍2. Random testing: Unannounced tests spread throughout the year, using a scientifically valid method.

‍3. Post-accident testing: After certain accidents as defined by DOT regulations.

‍4. Reasonable suspicion testing: When there is a reasonable cause to suspect drug or alcohol use.

‍5. Return-to-duty testing: After an employee has violated testing rules and seeks to return to safety-sensitive duties. (You are not eligible for RTD testing until you have completed your initial SAP evaluation, SAP recommendations, and SAP follow-up evaluation).

Who enters my RTD drug test results into the Clearinghouse?

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The employer or the designated consortium/third-party administrator (C/TPA) is responsible for entering the Return-to Duty (RTD) drug test results into the Clearinghouse. They ensure that the information is accurately recorded and updated in compliance with Department of Transportation (DOT) regulations.

REMEMBER: SAFETY IS THE TOP PRIORITY IN THE TRANSPORTATION INDUSTRY. If you follow the necessary steps and meet the requirements, you can get back to work!

Okay, now you either agree or disagree with your violation but nonetheless, are required to complete the Return to Duty SAP Process if you have a drug violation. How does this work?

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If a DOT employee has a drug violation, they must immediately be removed from safety-sensitive duties.

1. The employee must then complete an initial SAP evaluation with a qualified DOT SAP.

2. Based on the evaluation, the SAP will recommend an education or treatment program for the employee to complete.

3. Once the employee finishes the program, they must complete a second SAP evaluation. If the SAP report is good, the employee can complete a return-to-duty observed drug test ordered by their employer or C/TPA. The SAP will establish a written follow-up testing plan for the employee and send it directly to the requested employer or C/TPA.

I have completed the initial SAP evaluation, SAP recommendations, and SAP follow-up evaluation. Now what?

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Contact your employer or the designated consortium/third-party administrator (C/TPA) to schedule your RTD drug test.

Make sure the test is characterized as a DOT return-to-duty test and will be conducted under direct observation.

THE RTD TEST WILL SUFFICE FOR BOTH THE DOT PRE-EMPLOYMENT TEST AND THE RTD REQUIREMENT.

Remember: Successfully completing the RTD process is essential for you to resume operating any type of commercial motor vehicle.

Can an employee challenge a positive drug result?

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When an employee receives a positive drug test result, they do have options to challenge it. Here is how it works:

Request a Re-test: If an employee is notified by the employer about a positive drug test, they can request a retest of the specimen. When a split specimen sample is collected (where a second sample bottle B is retained by the lab), it can be used for a potential retest if the original sample is positive. Alternatively, when a single sample is collected, the lab saves an amount of the original specimen for possible retest when the original sample is positive. The employee has 72 hours from the time of notification to request a test of the split specimen or a retest of the original specimen. The request can be made verbally or in writing. If the request is made directly to the Medical Review Officer (MRO) within 72 hours, it will trigger the retest. The employee is responsible for the cost of the retest, which is typically around $200.

‍Steps for the employee: Call or fax the MRO office and request a retest within the 72-hr period. Be prepared to submit payment in advance for the retest.Remember, drug testing laboratories have strict quality control measures, and mistakes are rare. However, this process allows employees to seek a retest if they believe there might be an error in the initial result.

What if I change jobs before the follow-up testing is completed?

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If a driver who tested positive and completed the return-to-duty process changes employers before the follow-up testing is completed, the new employer must immediately resume the follow-up testing requirements prescribed by the Substance Abuse Professional (SAP).

If the driver changes employers before the follow-up testing plan is completed, the new employer must obtain the follow-up testing plan from the previous employer, as required in § 382.413.

Therefore, the current employer must provide the follow-up testing plan to the new employer. The new employer must obtain the follow-up testing plan from the previous employer.

I have a drug violation, what do I do next?

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Remember, the return-to-duty (SAP process) is essential if you test positive or refuse a DOT test. You will need to successfully complete this process with a DOT-qualified substance abuse professional. If you have a drug violation and find yourself disagreeing with your DOT drug test results, here what you should do:

‍1. Check the results: If you doubt the positive result, request another test (known as a split specimen) to double-check. It’s essential to verify accuracy.

‍2. Consult the MRO: If the positive result is confirmed, reach out to the Medical Review Officer (MRO). The MRO can provide medical insights and explanations. They play a crucial role in the process.

What is a follow-up testing plan?

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The follow-up testing plan is a mandatory requirement for employees who have committed a DOT drug or alcohol regulation violation and are seeking to resume the performance of safety-sensitive functions.

The Substance Abuse Professional (SAP) establishes this plan after determining that the employee has successfully complied with the recommendations for education and/or treatment.

The follow-up testing plan must be presented directly to the Designated Employer Representative (DER).

Your follow-up tests must include at least 6 randomized testing in the next 12 months.

How do I find a SAP for Clearinghouse?

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To find a qualified Substance Abuse Professional (SAP) for the Clearinghouse, visit the U.S. Department of Transportation's official website or the FMCSA Clearinghouse website. These platforms provide a searchable database or list of qualified SAPs who meet DOT regulations and are authorized to conduct evaluations and recommend treatment for employees in violation of drug and alcohol policies.

How can I request completion reports and follow-up testing plans?

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To request SAP reports and follow-up testing plans, complete a Release of Information form. The designated company representative must email resilientreturn@gmail.com with details including company name, address, DOT number, supervisor's contact information, and the last four digits of the employee’s SSN.

How can I inquire about classes or treatment pricing?

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Post-evaluation, your SAP is legally required to refer you to appropriate educational classes or treatment programs. We will provide you with virtual options to complete these requirements.

How do I obtain a return to duty drug test?

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You can obtain a Return to Duty drug test through your current or new employer, or, if you are an owner-operator, through a Certified Third Party Administrator (CTPA). This test must be recorded in the Clearinghouse by the entity that ordered the test.

How long is the return to duty process?

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The return-to-duty process duration varies, depending on the completion of the SAP Program's requirements, including treatment, education, and follow-up testing. After fulfilling these requirements, the SAP evaluates the employee's readiness to return to duty, which can extend the timeline.

How do I handle FMCSA Clearinghouse instructions if I have a CDL?

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To handle FMCSA Clearinghouse instructions with a CDL, first, create a login.gov account by visiting the FMCSA Clearinghouse website and following the registration steps. Enter your email, create a secure password, and complete the user verification process. Once registered, select your role as a driver and provide your CDL information for verification. If you have a violation, follow the Return-to-Duty process, which includes evaluation by a Substance Abuse Professional (SAP) and completing any required treatment and follow-up testing. Maintain all related documentation and seek assistance from Clearinghouse support or your employer if needed.

How long does it take to complete SAP Program?

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The duration of the SAP process varies based on the individual’s violation and circumstances, ranging from one week to several weeks. The exact requirements for returning to work will be clarified during your initial evaluation.

Can I be evaluated by someone who is not a SAP?

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No. The person you see must be a DOT-qualified SAP.

How does the virtual appointment process work?

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Our services are completely virtual. You will receive a Zoom video meeting link for your appointment, which you can access by clicking on it at the scheduled time. Please ensure that your device has a working camera (phones, tablets, and computers are all acceptable).

Can I reschedule my appointment?

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We understand that life happens! Appointments can be rescheduled free of charge with at least 48 hours' notice. This allows us to adjust our counselor's schedule accordingly. If you need to reschedule within 48 hours, a $99 fee will apply to cover administrative costs. To reschedule please refer to the link in your confirmation email or email us at resilientreturn@gmail.com

What are your appointment hours?

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Our evaluation hours are Monday through Friday, from 9:00 AM to 6:00 PM Central Standard Time.

What is the cost of the SAP evaluation, and what does it include?

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The total cost for the Substance Abuse Professional (SAP) evaluation is $499. This fee covers the initial SAP evaluation, education or treatment recommendations, follow-up evaluation, and all necessary reports for your employer.

Which states do you operate in?

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We are currently serving the following states: Alabama, Arizona, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wisconsin. We also accept clients from Canada.

Do you offer a refund?

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We offer a full refund if you request it within 24 hours of submitting your booking form. This gives you time to review your decision and ensure our services are a good fit for you.

How long is the DOT SAP Program?

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The length of the DOT SAP Program varies based on the individual case, including the severity of the violation and the specific treatment and education requirements determined by the Substance Abuse Professional.

What is SAP Program?

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The SAP (Substance Abuse Professional) Program is a critical component of the Department of Transportation's (DOT) drug and alcohol policy. It involves an evaluation, treatment, and follow-up process for employees who have violated DOT drug and alcohol regulations.

How can a driver designate a SAP in the Clearinghouse?

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Follow this step-by-step process:

‍Registration: Ensure you are registered in the Clearinghouse. Before designating a SAP, you must contact and establish a relationship with them. Confirm that your chosen SAP is registered in the Clearinghouse, as they must be registered to accept your designation request and enter information about your RTD process.

Log In and Access Driver Dashboard: Visit FMCSA Clearinghouse and log in using your login.gov credentials. If you have a new violation, your Driver Dashboard will prompt you to select a SAP. Click "designate your substance abuse professional" to begin the process.

Designate Your SAP: Type the name of your SAP in the "Who is your SAP?" text box. A list of options will appear if you enter enough characters. Ensure the name matches the one the SAP used to register in the Clearinghouse. If not listed, contact your SAP to ensure they are registered. Once identified, review the SAP information and click "Send Request." A confirmation message will appear once the request is sent.

Return-to-Duty (RTD) Status: Your Driver Dashboard will update, indicating that your SAP request is awaiting a response. Click "View RTD Process Details" for more information. Your status will update throughout the RTD process. If your designated SAP cannot fulfill their duties, contact FMCSA for assistance.

What is a C/TPA?

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A C/TPA, or Consortium/Third-Party Administrator, is a company that helps manage drug and alcohol testing for truck drivers and their employers. They handle all the details of the testing process to ensure everything complies with the Department of Transportation (DOT) rules.

Here’s what a C/TPA does:

Organizes Tests: They set up and manage drug and alcohol tests for drivers.
Keeps Records: They track all test results and ensure they are reported correctly.
Helps with Compliance: They assist drivers and companies in staying in line with DOT regulations.

For owner-operators (drivers who own and operate their own trucks), a C/TPA is especially important because they cannot manage their own random drug testing. The C/TPA handles this responsibility, ensuring they remain compliant with the law.

Can I use Klarna or Afterpay to pay for the DOT SAP Program?

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Yes! We now accept Klarna and Afterpay, making it easier for you to split your payments for the SAP DOT Program over time.

How does payment with Klarna or Afterpay work?

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‍When you select Klarna or Afterpay at checkout, you’ll be able to break down the total cost into smaller, manageable payments. Klarna and Afterpay will guide you through setting up a payment plan that works best for you.

Are there any extra fees for using Klarna or Afterpay?

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Klarna and Afterpay offer interest-free payment options, but late fees may apply if you miss a scheduled payment. Be sure to check the terms and conditions of each provider before selecting your payment plan.

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What happens after the employee completes the program?

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As a supervisor, here’s a quick guide on what happens after your employee completes the Substance Abuse Program (SAP) and the steps you need to follow for their Return-to-Duty (RTD) process:

1. RTD Drug Test

Your employee must complete an RTD drug test, regardless of whether they’re returning to your team or joining a new company.
If they’re an owner/operator, they’ll arrange this test through their CTPA (Consortium/Third Party Administrator).
Once the RTD test result is negative, it’s crucial to record this in your system as part of their clearance.

2. Randomized Drug Testing

As part of the follow-up requirements, the SAP will provide you with a schedule for randomized drug testing.
You’ll be responsible for documenting each of these tests as they are completed.
Keep in mind that the SAP’s role ends with clearing the employee for the RTD test (step 4 in the process). The ongoing monitoring (steps 5 and 6) is up to you or your CTPA.

3. Requesting SAP Reports

If your employee has completed the SAP program and returned to work (or started a new job), you can request their SAP reports for documentation.
To do this, email resilientreturn@gmail.com with the necessary details, including:
- Your company name, address, DOT number, and your full name, phone number, and email as the supervisor.
- The employee’s last four digits of their SSN.
Ensure a completed Release of Information form is included. The report turnaround is typically 1-2 days, though it may take up to 4-5 days.

4. SAP Report Fees

For the first distribution of SAP reports to employers, there’s no charge.
If the employee changes employers and requests the report again, there’s a $25 fee.

This process not only ensures regulatory compliance but also supports your employee in transitioning back to their role responsibly and safely.

Can you get a second opinion after a Substance Abuse Professional (SAP) evaluation?

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I hired a driver who previously tested positive. What should I know?

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When you hire someone who has previously tested positive for substance use, here’s what you’re signing up for:

‍Continuing Their Substance Abuse Program: By hiring this individual, you’re committing to support their ongoing substance abuse program. What does this entail?
- Federal Clearing House: You’ll need to log in and retrieve their Substance Abuse Professional (SAP) information.
- Adhering to SAP Guidelines: The SAP outlines specific steps and protocols that both you and your new hire must follow rigorously.

‍The Price Tag: Brace yourself—these programs don’t come cheap. They typically cost between $1000 and $2000. We offer this service at a fraction of the cost at $500.

‍Education Matters: It’s essential to educate your drivers about the financial aspect. Let them know that these programs aren’t pocket change. Being informed helps everyone play their part in maintaining a safe and responsible driving environment.

Remember, hiring someone with a positive test result isn’t just about skills behind the wheel; it’s about commitment—to safety, responsibility, and supporting recovery.

How do you navigate drug testing as a supervisor?

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The Substance Dilemma: Imagine this—you’ve got an employee who tests positive during a reasonable suspicion test. What’s next? DOT (Department of Transportation) regulations kick in, and they require you to send that employee to a Substance Abuse Professional (SAP).

Return to Work Test: Now, here’s where it gets interesting. Sometimes, these same individuals show up for a pre-employment drug test without having completed the mandatory return-to-work drug test. Wait, what? Yes, you heard it right. Even if they’re new to your company, the return-to-work test takes precedence.

Why the Switch?: The return-to-work test is required. By administering it, you’re ensuring their journey through the substance abuse program.

Financial Investment: Yes, these programs come at a cost. But think of it as an investment in safety and compliance. You’re not just ticking boxes; you’re safeguarding your workplace.

So, next time an employee who previously tested positive shows up for a pre-employment drug test, remember—the return-to-work test is your go-to. It’s not just necessary; it’s the new standard. Safety first!

Who enters my RTD drug test results into the Clearinghouse?

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Witnessing and Documentation: A Supervisor’s Guide

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The Witness Myth: Ever heard that you need two witnesses? Surprise! You actually only need one. But hey, having an extra set of eyes doesn’t hurt. So, one is the magic number, but two isn’t a bad idea.

‍Who Can Be a Witness?: Technically, it doesn’t matter if the witness is a supervisor or not. However, having a trained supervisor as your witness adds value. They’ve been through the ropes and can provide valuable observations.

‍The Crucial Form: There’s a spot on the form where employees can admit to using alcohol or drugs. When? How much? It’s all there. This form helps you keep detailed records. And don’t worry—it comes with basic instructions on the back!

Remember, as a supervisor, your attention to detail and proactive approach can create a supportive work environment where employees thrive.

What is the FMCSA Clearinghouse?

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The FMCSA Clearinghouse is a national computerized database. Since 2020, all violations related to drug and alcohol testing are recorded here. Violations stay on the Clearinghouse for at least 5 years or until you complete the SAP’s follow-up testing plan, whichever is later.

‍Employer Checks: All FMCSA employers must check an applicant’s record on the Clearinghouse before hiring.

An employer can’t hire a driver/applicant until the SAP confirms compliance with the treatment recommendation.

What are the employer's responsibilities after an employee tests positive on their drug test?

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Qualified SAPs: Part 40 mandates that employers furnish their employees with a list of Qualified Substance Abuse Professionals (SAPs). These SAPs are like the superheroes of sobriety—they help employees navigate drug and alcohol issues.

‍No Official DOT List: Here’s the twist: DOT and its agencies don’t maintain a magical list of SAPs. So, what’s an employer to do? Fear not, you’re in the right place. We serve as SAPs nationwide!

If an employee (even a newbie) breaks a DOT drug or alcohol regulation, the employer must provide them with a list of qualified SAPs. This list should include names, addresses, and phone numbers.

‍Fired? Imagine an employee gets the boot. The employer’s job? Hand over a list of at least two qualified SAPs or a way to access such a list.

How do I know if an employee is using substances?

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While these signs don’t directly indicate substance use, they suggest personal struggles that could affect job performance:

‍Attendance Changes: Keep an eye out for shifts in work attendance or performance. Frequent absences or tardiness may signal underlying issues.

‍Personal Appearance: If someone’s appearance deteriorates—for example, wearing shorts to work every day—it could be a sign of personal challenges.

‍Behavior Shifts: Watch for unusual behavior patterns. Are they irritable, unable to concentrate, or even sleeping on the job?

‍Defensiveness: Defensive attitudes when discussing problems may hint at deeper issues.

Frequently Asked Questions

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