The return to duty process does not conclude with the employee’s reinstatement; it is merely the beginning of a more extended journey towards sustained sobriety and accountability. To ensure the individual’s continued adherence to workplace policies and commitment to public safety, the SAP will establish a follow-up testing plan.
The Follow-up Testing Protocol
The follow-up testing protocol is a critical component of the return to duty process, designed to monitor the employee’s progress and provide ongoing support. The SAP counselor will outline the following requirements:
- A minimum of six unannounced, random follow-up tests must be conducted within the first 12 months following the employee’s return to duty.
- These follow-up tests must be administered under direct observation to maintain the integrity of the process.
- The SAP may recommend additional tests beyond the minimum requirement, extending the testing period up to 60 months (5 years) if deemed necessary.
It is important to note that follow-up tests do not replace the employer’s obligation to include the employee in their regular random testing pool. The employee must comply with both follow-up and random testing requirements, as they serve distinct purposes in ensuring a safe and compliant workplace.
Ongoing Monitoring and Support
In addition to follow-up testing, the SAP may recommend ongoing counseling or support services as part of the employee’s aftercare plan. This proactive approach aims to reinforce the individual’s commitment to sobriety, provide a supportive environment, and address any potential challenges or triggers that may arise during their reintegration process.
Recordkeeping and Compliance: Ensuring a Transparent Process
Maintaining meticulous records and adhering to regulatory guidelines are paramount in the return to duty evaluation process. Employers must diligently document every step, from the initial violation to the successful completion of the process, to demonstrate compliance and facilitate audits or inspections.
DOT Recordkeeping Requirements
Employers operating in DOT-regulated industries must adhere to specific recordkeeping requirements outlined in the Federal Motor Carrier Safety Administration (FMCSA) regulations. These requirements include:
- Maintaining a written, DOT-compliant drug and alcohol testing program that includes procedures for return to duty and follow-up testing for the duration of its enforcement, plus an additional five years after being replaced or revised.
- Retaining records related to positive alcohol test results (0.02 or greater), verified positive drug test results, refusals to test, SAP reports, follow-up test schedules, and completed follow-up tests for a minimum of five years.
- Ensuring that all records are legible, securely stored, and accessible for auditing purposes.
- Reporting negative return to duty test results and follow-up test results to the FMCSA Clearinghouse within the specified timeframe.
Adhering to these recordkeeping requirements not only demonstrates compliance but also facilitates transparency and accountability throughout the return to duty evaluation process.
