Employer Responsibilities in the Return to Duty Process

When an employee in a safety-sensitive role violates workplace substance abuse policies or tests positive for drugs or alcohol, swift action is imperative to maintain a secure and compliant work environment. After completing mandated evaluations, treatment programs, and follow-up testing, individuals can reclaim their professional responsibilities through a well-defined return-to-duty process. Building a drug-free workplace requires scrupulous attention to the RTD process. Here’s how employers can sidestep common pitfalls and safeguard their regulatory compliance.

As the RTD process unfolds, employers face a minefield of regulations to comply with and a workplace to keep safe – no small task. Time to roll up our sleeves and examine these obligations up close.

1. Maintaining a Comprehensive Drug and Alcohol Testing Program

Employers must have a written, DO Employers must have a written, DOT-compliant drug and alcohol testing program in place. The details matter when it comes to drug and alcohol testing – create a policy that effectively communicates the protocols, procedures, and consequences of non-adherence to all employees. Employers can’t afford to rest on their laurels – regularly revisiting and refining their programs is essential to staying compliant and sidestepping the financial and reputational risks that come with noncompliance.

2. Providing Training and Education

Employers are responsible for ensuring that their employees are aware of the company’s drug and alcohol policies, as well as the consequences of violating these policies. Substance abuse can wreak havoc on the workplace, which is why proactive employers invest in educating their staff about the hazards and importance of staying drug-free – it’s a no-brainer. Reducing the risk of workplace incidents is just the beginning – this approach also helps coworkers feel comfortable seeking help when they’re struggling with substance abuse.

3. Referring Employees to SAPs

When an employee violates drug and alcohol policies or tests positive for drugs or alcohol, it is the employer’s responsibility to refer them to a qualified Substance Abuse Professional (SAP). The employer should provide the employee with a list of approved SAPs who are knowledgeable about DOT regulations and can provide the necessary evaluations and treatment recommendations.

4. Ensuring Compliance with Treatment Programs

Once an employee has been referred to a SAP and has undergone an evaluation, the employer must ensure that they comply with the recommended treatment program. To truly support an employee’s recovery, we might need to grant them some extra time off for doctor’s appointments or therapy sessions or connect them with local counseling services that can help them get back on their feet.

5. Conducting RTD Testing

Once the employee has completed their treatment program and the SAP has determined that they are ready to return to duty, the employer must conduct a return-to-duty (RTD) drug or alcohol test. This test requires a watchdog – someone to supervise every step of the process to prevent any mishaps. Assuming the test comes back clean, it’s all systems go for the employee to resume work.

6. Monitoring and Follow-up Testing

After an employee returns to duty, the employer is responsible for monitoring their compliance with follow-up testing requirements. The SAP will provide a schedule for unannounced drug or alcohol tests, usually for a minimum of six tests in the first 12 months. These tests must be conducted under direct observation and are in addition to any random or reasonable suspicion testing required by the employer’s policies.

7. Reporting to the FMCSA Clearinghouse

Employers are required to report successful treatment completion and negative RTD test results to the FMCSA Clearinghouse. Because this reporting offers a clear picture of drug and alcohol program violations, employers can now sit back knowing they’re fully compliant with all the necessary DOT regulations. Miss a reporting deadline and you’ll face the music – fines and compliance headaches.

Getting Back to Business

When substance abuse issues arise, getting back to business as usual requires a proactive, multi-step approach that prioritizes worker well-being and safety. The minute an employee shows signs of struggle, employers spring into action, offering guiding hands and steady support throughout their journey, from removing them from high-risk roles to setting up regular testing schedules. When employers take responsibility for their role, they can help their employees get back on track and create a work environment that’s free from drug-related issues.