Let IES help you with your Return To Duty process.

Yes. Under 49 CFR 382.705(b)(1)(ii), employers that are subject to FMCSA’s drug and alcohol regulations in 49 CFR part 382 are required to report drivers’ negative RTD test results to the Clearinghouse. However, if a driver does not have a current or prospective employer subject to part 382 to send the driver for an RTD test and upload the negative result, the driver may register in the Clearinghouse as an owner-operator and designate a consortium/third-party administrator (C/TPA) for the limited purpose of completing the RTD process. Once designated, the C/TPA can direct the driver to submit to an RTD test and report the negative RTD test result to the Clearinghouse on the driver’s behalf. When the C/TPA reports the negative RTD test result, the driver’s Clearinghouse status will change from “prohibited” to “not prohibited,” thereby allowing the driver to resume driving a CMV and performing other safety-sensitive functions. Note: the driver’s follow-up testing plan prescribed by the substance abuse professional must be administered by the driver’s employer when the driver resumes working in a DOT safety-sensitive position.

Before an employer allows a driver to return to duty to perform a safety-sensitive function after the driver has violated prohibitions of 49 CFR 382, Subpart B, that driver must first do the following:

• Be evaluated by a substance abuse professional (SAP).

• Participate in/complete the treatment program prescribed.

• Pass a drug and/or alcohol return-to-duty test with the following results:

  • Alcohol with a result indicating an alcohol concentration of less than 0.02; and/or

  • Controlled Substances with a result indicating a verified negative result for drug use.

• Have a documented follow-up testing schedule.

Employers are responsible for reporting negative return-to-duty test results. This information must be reported to the Clearinghouse by the close of the third business day following the date on which the employer obtained the information.

Substance abuse professionals are required to report the following details of a driver’s return-to-duty process in the Clearinghouse by the close of the business day following the assessment or determination:

• The date of completion of an initial SAP assessment

• The date of determination of eligibility for RTD testing

Note that a driver’s education/treatment plan is not recorded in the Clearinghouse.

A return-to-duty test can be used as a pre-employment test when a pre-employment test is required and the new employer would be required to conduct both tests on the same day. See 49 CFR 382.309.

6.5.5 Return-to-Duty Process and Testing (Under Direct Observation)

In the event you don't have an employer, IES can help you through the RTD process

Can a driver complete a return-to-duty (RTD) test and have a negative RTD test result reported to the Clearinghouse if the driver does not have an employer?