Here at Butterfield, there’s one scenario that it seems most businesses aren’t ready for until it happens. That’s when a worker in a safety-sensitive job fails or refuses a DOT drug or alcohol test. Suddenly, the whole dynamic of your workplace seems to change. There can be a lot of confusion, suspicion, and stress associated with an event like this. However, this is unfortunately a relatively common event — and the rules/steps you need to take as a result are fixed.
We recognize that the return to duty process after a failed/refused drug test feels confusing the first time. But understanding how this process works makes it easier to keep your operations compliant and running smoothly. It also helps workers move through the steps the right way without delays. Here at Butterfield Testing Solutions we guide employers through every part of this process, from initial testing to the final follow-up phase.
This article will walk you through the full return to duty path into nice & clear steps so that as an employer, you know what to expect and how each step fits together. Hopefully you never need to follow this process, but if you do you’ll be ready.
Step 1: Immediate Removal From Safety-Sensitive Work
When an employee fails a DOT drug in Oregon test, fails an alcohol test, or refuses testing, the employer must remove them from all safety-sensitive work right away. There’s no waiting period and no room for exceptions. The person can’t operate a commercial vehicle, assist with flight operations, handle pipeline tasks, or perform any other DOT-covered role under any circumstances.
Some employers move the worker into a non-safety-sensitive role during this period. Others prefer to place the worker on leave. Every company manages this piece based on its own policy, but no one can return to a DOT-covered job until the full return to duty process is finished. That’s not an employee rule, it’s required by the DOT.
Step 2: Referral to a Substance Abuse Professional
Next up the employer must give the employee a list of qualified Substance Abuse Professionals, commonly known as SAPs. The employee can then choose one from the list. The SAP is the central figure in the return to duty process, and they’ll guide the worker through evaluation, education or treatment, follow-up requirements, and any final clearance steps.
SAPs operate totally independent of the employer or DOT. Their recommendations can’t be changed by employers, unions, or employees. This obviously helps ensure the integrity of the entire process.
Step 3: Initial SAP Evaluation
The employee then schedules an evaluation with the SAP. During this meeting, the SAP reviews the violation, gathers personal and work history, and discusses any other relevant factors. This session helps the SAP determine what education or treatment the person needs to move forward
Some workers might need basic & short educational programs. Others might be required to take on more in-depth treatment. The SAP decides the plan based on professional standards and DOT rules, and case-by-case circumstances.
Step 4: Completion of SAP-Directed Education or Treatment
Once the SAP gives clearance, the employer schedules the DOT return to duty drug test, followed by random drug screening as required. This part varies from person to person. A worker may finish a basic program in a short time, while another may require longer treatment. There is no set timeline because the focus is on readiness rather than speed.
Employers cannot shorten or remove steps. Employees cannot choose alternate programs unless the SAP approves the change. The SAP must confirm that the plan has been fully completed before the worker can move to the next phase.
Step 5: Follow-Up Evaluation With the SAP
After the education or treatment plan is complete, the SAP meets again with the worker. The SAP checks whether the employee followed every part of the plan and whether they appear ready to return to duty testing.
If the SAP determines the worker has met all requirements, the SAP sends a written report to the employer stating that the worker is ready to take the DOT return to duty test. Without this report, the employer can’t schedule the test.
Step 6: The Return to Duty Test
Once the SAP gives clearance, the employer schedules the DOT return to duty drug test. This test has to be directly observed under DOT rules. If the violation involved alcohol, a return to duty alcohol test may also be required based on the SAP’s instructions.
A negative result (meaning they passed) on this test means the worker gets to come back to safety-sensitive roles. A positive result (a failure) restarts the process and may add new steps or further evaluation.
Butterfield Testing Solutions conducts return to duty testing like this for employers all across the country. Our team handles the full process with chain-of-custody accuracy and timely reporting so employers can get clear results without delay.
Step 7: Follow-Up Testing Period
After clearing the return to duty test and coming back to work, you and your employee aren’t quite done yet. the employee usually needs to enter a follow-up testing program. This stage is often misunderstood by employers new to the process, but it’s one of the most important pieces.
The SAP decides:
- How many follow-up tests the worker needs to take
- How often they occur
- How long the follow-up period lasts
Follow-up tests are directly observed and can continue for several years. The SAP may require as few as six tests or significantly more depending on the evaluation.
Step 8: Ongoing Compliance and Recordkeeping
Employers also need to keep accurate records for every stage of the return to duty process. These records include:
- The violation
- SAP evaluation documents
- Completion status of SAP-directed steps
- Return to duty test results
- Follow-up test results
- Dates of all testing events
Keeping these records in order is absolutely essential. DOT audits can request documentation at any time. Here at Butterfield we help employers keep clean, organized, and complete testing records so audits go smoothly.
Employer FAQ
How long does the process take?
There’s no set timeframe. The SAP’s evaluation and plan determine the pace. Some workers move quickly while others take longer. Employers should not quote a timeline until the SAP gives guidance.
Can the employee keep working in another role during this time?
Yes, as long as the role is not safety-sensitive under DOT rules. Many employers choose this path when staffing is tight.
Can the employer choose the SAP?
The employer provides a list, but the worker chooses. This keeps the process as balanced and neutral as possible.
What happens if the employee fails the return to duty test?
The worker cannot return to a safety-sensitive role and may need another evaluation. The SAP decides what happens next.
How Butterfield Testing Solutions Supports Employers
Butterfield Testing Solutions handles drug and alcohol testing needs for DOT-regulated companies across the U.S. Our team manages return to duty testing, follow-up testing, random testing pools, pre-employment testing, post-accident testing, and reasonable suspicion testing. We also provide mobile testing options that help employers save time and avoid sending workers off-site.
Our experience with DOT compliance helps companies move confidently through the return to duty process, even when the employer is handling this type of issue for the very first time.
The return to duty process can feel difficult and stressful at first, but with a clear understanding of the steps and the support of a reliable testing partner, employers can handle it with confidence. If your company needs help with testing or compliance, we’re ready to support your team every step of the way. All you have to do is reach out.