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Follow Up Testing FAQs

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Follow-Up Testing (Under Direct Observation)


A substance abuse professional (SAP) will establish a mandatory follow-up testing plan. See 49 CFR 382.311.

  • The employer must ensure that the follow-up testing is carried out.
  • A minimum of 6 follow up tests must be conducted in the first 12 months.
  • The  driver may also be subject to follow-up tests during the 48 months of  safety-sensitive duty following the first 12-month period.
  • The  employer must report the date a driver’s follow-up testing plan is  successfully completed to the Clearinghouse by the close of the third  business day following the date on which the employer obtained the  information.

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.

Can a SAP modify a follow up plan?

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."

How many tests do I have to take for the follow up plan?

 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.

Do random drug tests count as follow ups?

 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. 

May employees seek a second SAP evaluation if they disagree with the first SAP's recommendation?

 

(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.

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