DOT Employer Resources

Gregory C. Krueger, M. Div., MSW, LCSW
DOT Qualified Substance Abuse Professional

The DOT is very specific about the documentation required for several aspects of an employer's Random Testing Program. When you have an employee who refuses or tests positive, you need to document this event and make a referral to a DOT Qualified SAP.

Available to you upon request are some formatted letters which meet DOT criteria. Please contact me if you would like to receive them at (314) 780-1963 or by clicking here.

Available:

Suggested Language for a Preemployment Prohibited Substance Testing History and Notification Attestation

Suggested Language for a Violation Notification with Directions for Initiating the Return to Duty Process (for employees you want to consider retaining)

Suggested Language for a Violation Notification with Directions for Initiating the Return to Duty Process (for employees you are terminating)

Suggested Company Policies Regarding

Drug and Alcohol Abuse

The Department of Transportation’s Drug and Alcohol Testing Rules are very clear about which Key Service Agents are responsible for the various parts of the process, but it does not identify who is responsible to pay for the SAP services in the Return-to-Duty process. Before you make a decision about how to proceed, consider the following:

1. Does your Company have an existing Drug and Alcohol Testing policy, and does it state anything about who is responsible for the cost of the SAP part of the process? It should state clearly that either the employer or the employee is responsible for the cost.

2. Strongly consider a Zero Tolerance policy. Many companies structure this with conditional terms for rehiring, the most important of being completion of the Return to Duty process and that another violation results in termination without possibility of rehire.

3. You need to be consistent in the implementation of your policy. Do you have a surplus or shortage of drug free prospective employees who can replace a terminated employee? Are your employees costly for you to train or replace? If you want to be able to retain your employees, consider working with them.

4. Who used drugs or abused alcohol? It is your responsibility as an employer to make sure that Return to Duty process is followed correctly, and in this sense, it is a required expense of your administrative time. But, is the Return-to-Duty process resulting from a positive test result because of your actions or the employees? Some employers will pay the SAP Case Management cost up front provided the employee has committed to repay the employer thru payroll deductions. Regardless, my recommendation is that the employee who violated the DOT regulations should be the one who is responsible for paying the bill.

5. If your policy needs a review or an extensive overhaul, please feel free to contact me at (314) 780-1963 or by clicking here. I will be happy to meet you at your location to consult with you about your program.

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