Follow-up drug testing is a key part of the DOT’s return-to-duty process. After a drug or alcohol violation, an employee must complete certain steps before going back to work, which is safety-sensitive. Follow-up testing begins once the employee resumes work after providing a negative return to duty drug test and involves a series of unannounced tests over a set period. The specifics of this testing are decided by an expert on substance abuse (SAP) and are implemented by Third Party Administration under federal regulations.
Follow-up testing is a mandatory series of unannounced tests conducted after DOT drug and alcohol policies have been broken by an employee and after the completion of return-to-duty process. It is designed to make sure that the employee remains drug- and alcohol-free once they return to safety-sensitive functions.
Unlike random testing, which is governed by statistical selection, follow-up testing is individually carried out by a Substance Abuse Professional (SAP) and might go on for as long as five years.
Employers who have actual knowledge of a driver using drugs or alcohol on duty must take the employee out of safety-sensitive tasks right away.
49 CFR § 382.205 (Alcohol), § 382.213 (Drugs)
Employees become subject to follow-up drug and alcohol testing when they commit one of the following DOT drug and alcohol violations:
A verified positive drug test result during pre-employment, random, post-accident, or reasonable suspicion testing results in immediate disqualification from safety-sensitive functions. 49 CFR § 40.23(a)
Drivers who test with a Blood Alcohol Concentration (BAC) of 0.04 or more violate DOT alcohol regulations and must follow the return-to-duty process before returning to safety-sensitive duties. 49 CFR § 382.201
Refusing a drug or alcohol test is treated the same as a positive result. Refusals include failure to appear, refusal to stay at the testing location, or tampering with the test.
Once a violation occurs, the worker has to be assessed by a qualified SAP, who determines the required treatment and education. Only after successful completion of this program can the employee take a return-to-duty test and begin follow-up testing.
CFR Reference: 49 CFR § 40.289
goMDnow, a Consortium/Third-Party Administrator (C/TPA) plays a crucial role in the DOT return-to-duty process, as it coordinates the required testing, including directly observed return-to-duty and follow-up tests. The C/TPA also collaborates with Substance Abuse Professionals (SAPs) and Medical Review Officers (MROs) to ensure compliance, schedule tests, report results, and maintain accurate records as well as report it into the clearinghouse.
Ready to enroll for follow-up drug testing? Or looking for more information? Call our experts today at 980-655-4455.
Follow-up testing is strict and specific. Here's what both employees and employers should know:
Frequency and Duration
All follow-up drug tests must be carried out while being closely observed—a trained observer watches the employee provide the urine sample.
CFR Reference: 49 CFR § 40.67(b)
Follow-up tests cannot be counted as random tests. They are completely separate and must not be altered or skipped.
Employers play a crucial role in ensuring DOT compliance. Here are the key duties:
After a Violation:
CFR Reference: 49 CFR § 382.503
For Employers:
For Employees:
Ready to initiate the follow-up drug and alcohol tests while being compliant with all federal regulations? Call us today at 980-655-4455.
An employer can hire an employee who has a DOT drug or alcohol violation only after the employee completes the SAP process and passes a RTD test.
A Consortium/Third-Party Administrator (TPA) serves the employer, not the driver. They can only conduct follow-up drug testing if hired and authorised by the employer to handle compliance.
For owner-operators—CDL holders running under their own DOT number—they are both the employee and employer, meaning they can independently hire a TPA for follow-up testing.
Follow-up drug and alcohol testing is not just a requirement—it's a crucial part of maintaining the safety and integrity of the transportation industry. By understanding the violations that trigger follow-up testing and complying with the requirements set forth by the FMCSA and DOT, both employers and employees can help execute a safer, more responsible workplace.
Contact goMDnow your trusted partner for follow up drug testing after a DOT Drug violation.
