Your DER checklist
Remove the employee from safety-sensitive duty immediately
As soon as you learn of a violation, the employee cannot perform any safety-sensitive function.
Give the employee access to a list of qualified SAPs
You cannot select or recommend a specific SAP — the employee has the right to choose. Pointing them to a directory satisfies this requirement.
Keep drug and alcohol program records confidential
Records are stored separately from general personnel files, with access limited to those who need it.
Coordinate the return-to-duty and follow-up testing schedule
Work with your C/TPA to schedule the directly observed return-to-duty test and the follow-up testing plan the SAP sets.
Query the Clearinghouse before return to duty
Confirm the employee's status is clear before they resume any safety-sensitive function.
Report required information within federal deadlines
Clearinghouse reporting windows have tightened significantly — confirm your current deadline with your C/TPA or FMCSA guidance.
49 CFR Part 382
The Designated Employer Representative is responsible for taking employees out of safety-sensitive duty following a violation and for making required decisions in the testing and evaluation process.
Common questions
What do I need to do when an employee has a DOT drug or alcohol violation? The employee must be immediately removed from DOT safety-sensitive duties. Employers must also provide the employee with information about qualified Substance Abuse Professionals (SAPs), even if the employee is terminated or will not be returning to work. If you decide to allow the employee to return to DOT safety-sensitive duties, the employee must successfully complete the SAP and return-to-duty process before returning to those duties. See: 49 CFR Part 40, Subpart B and Subpart O; §§ 40.23, 40.287 and 40.289.
Am I required to pay for the employee's SAP evaluation or treatment? No. DOT regulations do not require an employer to pay for the SAP evaluation or the education and/or treatment recommended by the SAP. Payment for these services is left for the employer and employee to determine and may also be governed by labor agreements or applicable benefits. However, if you decide to allow the employee to return to DOT safety-sensitive duties, you must ensure that the required SAP process has been successfully completed before the employee returns. See: 49 CFR Part 40, Subpart O, § 40.289.
When can I allow an employee to return to safety-sensitive duties? An employee cannot return to DOT safety-sensitive duties until the SAP determines that the employee has successfully complied with the required education and/or treatment and the employee completes the required return-to-duty test with a negative drug test result and/or an alcohol concentration of less than 0.02. Successfully completing the process does not require an employer to return the employee to their position. That employment decision remains with the employer, subject to applicable employment agreements and other legal requirements. See: 49 CFR Part 40, Subpart O, § 40.305.
What are my responsibilities after an employee returns to duty? The SAP establishes a follow-up testing plan and provides the plan directly to the Designated Employer Representative (DER). The employer is responsible for ensuring that the SAP's follow-up testing requirements are carried out. At least six unannounced follow-up tests are required during the first 12 months of safety-sensitive duty. The SAP may require follow-up testing for up to five years. The employee must not be given the testing schedule in advance. See: 49 CFR Part 40, Subpart O, §§ 40.307 and 40.309.
Where can I get more information about my responsibilities during the SAP process? Employer and DER responsibilities are outlined in 49 CFR Part 40, the federal regulation governing DOT workplace drug and alcohol testing procedures. Employers should become familiar with Subpart B — Employer Responsibilities and Subpart O — Substance Abuse Professionals and the Return-to-Duty Process. These sections address employer responsibilities, SAP referrals, the return-to-duty process, SAP reports, and follow-up testing. The U.S. Department of Transportation's Office of Drug and Alcohol Policy and Compliance (ODAPC) also provides employer guidance, FAQs, and the complete Part 40 regulations online. See: 49 CFR Part 40, particularly Subparts B and O. An employee cannot return to DOT safety-sensitive duties until the SAP determines that the employee has successfully complied with the required education and/or treatment and the employee completes the required return-to-duty test with a negative drug test result and/or an alcohol concentration of less than 0.02. Successfully completing the process does not require an employer to return the employee to their position. That employment decision remains with the employer, subject to applicable employment agreements and other legal requirements. See: 49 CFR Part 40, Subpart O, § 40.305.