A substance abuse professional (SAP) will establish a mandatory follow-up testing plan. See 49 CFR 382.311.
Note that a driver’s follow-up testing plan is not recorded in the Clearinghouse.
See 49 CFR 40.287 and 49 CFR 40.23 for additional motor carrier responsibilities following a CMV driver’s positive/refused drug test.
Per FMCSA "As the SAP, you may modify the determinations you have made concerning follow-up tests. For example, even if you recommended follow-up testing beyond the first 12-months, you can terminate the testing requirement at any time after the first year of testing. You must not, however, modify the requirement that the employee take at least 6 follow up tests within the first 12 months after returning to the performance of safety-sensitive functions."
As the employer, SAP, or other service agent, you must not provide to the employee a copy of their drug and/or alcohol follow-up testing schedule prescribed by the SAP. No employer, SAP, or other service agent will indicate to the employee what the frequency or duration of the employee's follow-up testing schedule will be. The SAP can require follow-up testing for either or both drugs and alcohol for a drug-related or an alcohol-related violation.
THE MINIMUM FMCSA REQUIRED TESTING IS:
6 FOLLOW UP TESTS WITHIN THE FIRST YEAR OF THE RETURN TO DUTY DRUG SCREEN.
You cannot substitute any other tests (e.g., those carried out under the random testing program) conducted on the employee for this follow-up testing requirement.
(a) As an employee with a DOT drug and alcohol regulation violation, when you have been evaluated by a SAP, you must not seek a second SAP's evaluation in order to obtain another recommendation.
(b) As an employer, you must not seek a second SAP's evaluation if the employee has already been evaluated by a qualified SAP. If the employee, contrary to paragraph (a) of this section, has obtained a second SAP evaluation, as an employer you may not rely on it for any purpose under this part.
My Follow Up Plan Mangement drug testing service helps the driver stay compliant and be more efficient in completing all steps required for the return to duty process.
It's very simple here. You test, we report. Payment is easy and completion is quick. We don't cut corners that can come back to bite you later. That's it!
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