Excerpts from the Drug and Alcohol Clearinghouse, for MROs and SAPs, from the U.S. Department of Transportation, Federal Motor Carrier Safety Administration. View PDF
Are you prohibited from operating a commercial motor vehicle (CMV) due to a drug and alcohol program violation?
A driver with a drug and alcohol program violation is prohibited from performing safety-sensitive functions, including operating CMVs, for any DOT-regulated employer until the return-to-duty process is complete.
By November 18, 2024, as part of new Federal regulations, drivers with a “prohibited” status in the Drug and Alcohol Clearinghouse will lose or be denied their State-issued commercial driving privileges.
How do I complete the return-to-duty process and get back to being “not prohibited”?
The return-to-duty process is established by 49 CFR part 40, subpart O. A summary is below.
Select a Substance Abuse Professional
- Your employer is required to provide you with a list of DOT-qualified Substance Abuse Professionals (SAPs). You select your SAP based on your own research.
- Your designated SAP will evaluate you and provide recommendations for education/treatment.
- Your SAP will determine if you have successfully completed the education/treatment, therefore making you eligible for your return-to-duty test.
Take the return-to-duty test
- You must be sent by your employer; only DOT-regulated employers, and not the employee, request the return-to-duty test. If you are an owner-operator, your designated consortium/third-party administrator (C/TPA) must send you for this test.
Once your Clearinghouse status is “not prohibited,” you are eligible to resume performing safety-sensitive functions.
- Your status will be updated when your employer enters your negative return-to-duty test result in the Clearinghouse.
- To remain in a “not prohibited” status, your employer must complete the follow-up testing plan with you as specified by the SAP, which must include a minimum of six unannounced follow-up tests in the first 12 months of returning to performing safety-sensitive functions. If you are an owner-operator, your designated C/TPA must complete your follow-up testing plan.
