The return day-to-day test is usually conducted after a worker has violated a drug and alcohol detox policy of your company. If the violation happens in a safety-sensitive job, such as construction, transportation, or oil and gas, then the employee needs to leave the position right away. But if the employee has no safety-sensitive role, you can take any action which can vary.
Companies that follow the regulations of the Department of Transportation are usually governed by specific regulations that apply to federally-mandated workforces. Federally-mandated testing guidelines require a return-to-duty drug test that you need to do after one of three situations. This includes the violation of a certain drug rule, a positive drug test result, and the violation of a certain alcohol rule. This article explains what you should know about a return-to-duty drug test.
Drug treatment and rehabilitation program
You should note that an employee needs first to be assessed by a substance abuse professional and complete the necessary treatment before they take the return-to-duty test. When the substance abuse professional determines that the employee can return to work, the return-to-duty test can be done. Remember that the return-to-duty test has to be conducted under supervision to make sure that the drug test results are not manipulated. Ideally, such employee drug testing is done to ensure that the workplace environment is safe for everyone.
Besides, an unannounced follow-up drug test can also be conducted on any employee at a later date to ensure that drug or alcohol use is not continuing after treatment. For an employee in a safety-sensitive position, the substance abuse professional can direct about 6 follow-up drug tests within the first 12 months after the employee returns to work. But the substance abuse professional can recommend more drug tests if necessary, and may sometimes extend them to at least 5 years.
You may be wondering if you have to do a return-to-duty drug test for an employee who is returning to work after an extended leave. As the name suggests, return to duty can apply to returning employees like people returning after a seasonal layoff, re-hires, and medical-leave employees. Therefore, they should all complete a return-to-duty test, though most employers prefer to conduct a pre-employment drug test.
You should also note that return-to-duty tests are only conducted for a staff member who once violated the drug and alcohol program. During the drug test, the employee may have received a non-negative or positive test result. An employee needs to complete the first steps of the return-to-duty process, such as completing the recommended counseling program. A return-to-duty test differs from a pre-employment because they are directly observed, meaning that a person of the same sex can follow the staff member during the entire process to make sure that the test is of integrity.
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The return-to-duty process
The process for return to duty tends to vary by industry and company specifics, though the DOT requires you to take some recommended steps. One of the steps is the immediate removal of a staff member from a safety-sensitive function, such as driving. Even if the employee is driving in another state, you need to tell them to stop driving immediately because it’s safe to do this.
You also need to do an initial evaluation through a DOT-qualified substance abuse professional. Remember that a substance abuse professional can do a face-to-face interview so that they can evaluate the particular situation of the employee. They also need to evaluate the history of the employee to determine the right treatment plan or program. The substance abuse professional can establish a treatment program for your employee during the initial interview.
Besides, you should also follow up evaluation with the substance abuse professional. When an employee completes their designated treatment program, they need to meet with their substance abuse professional who can then determine whether the staff member can take a return-to-duty test so that they can resume work again.
Finally, you must make sure that there is a drug test. This is the time when the return to duty can be scheduled. And, if the employee completes the treatment plan or program, the substance abuse professional may recommend that they are eligible for a return-to-work test. When there is a negative result, the employee can start working again.
Keep in mind that there can be follow-up tests that your employer needs to take. Depending on the policy of your company, you can choose any number of follow-up steps. But the DOT requires the substance abuse professional to schedule about 6 tests over 12 months. This process can sometimes continue for at least 5 years, and each test requires direct supervision.
Take note that a follow-up test cannot replace random testing. This is because a random drug test is not done under direct supervision while a follow-up drug test needs direct supervision. Therefore, you need to include your employee in the regular random testing pool just like any other employee and complete the selections besides their follow-up schedule.
Relapse is common for any drug user. Some studies have indicated that many drug users can use the drug again after treatment or intervention. The chance of a relapse is the reason why follow-up and return-to-duty testing are important for employers, especially those with staff members who work in safety-sensitive positions.
Follow-up and return-to-duty testing are often part of the return-to-duty process that applies to safety-sensitive employees who fail a drug test. But depending on the drug and alcohol policy of the company, you can also decide to use them in other situations.
Employees who are subject to the regulations of the Department of Transportation need to submit to a return-to-duty drug test before they can return to their safety-sensitive positions. Also, they need to take at least 6 additional random drug tests. And, substance abuse professionals can demand further random tests.
A return-to-duty drug test is a requirement for all DOT employers, but it’s a good practice for many non-DOT employers. Such employers should make sure that they describe their procedures of the drug and alcohol policies. They also have to meet extra requirements in city and state legislation.
