Return-to-Duty Guidelines
Drivers with a drug and alcohol violation are banned from operating Commercial Motor Vehicles (CMVs) or performing safety-sensitive duties until they complete the return-to-duty (RTD) process.
Starting November 18, 2024, new federal regulations will revoke or deny commercial driving privileges for drivers with a "prohibited" status in the Drug and Alcohol Clearinghouse until they resolve their violation.
To regain eligibility, drivers must:
How to Complete the Return-to-Duty Process and Restore Your Eligibility
The return-to-duty (RTD) process, as outlined in 49 CFR Part 40, Subpart O, consists of the following steps:
1. Select a Substance Abuse Professional (SAP)
Your employer must provide a list of DOT-qualified SAPs.
You are responsible for selecting an SAP based on your research.
The SAP will evaluate your situation and recommend the necessary education or treatment.
You must successfully complete the recommended program before becoming eligible for testing.
2. Take the Return-to-Duty Test
Only a DOT-regulated employer can request this test on your behalf; employees cannot request it themselves.
If you are an owner-operator, your designated Consortium/Third-Party Administrator (C/TPA) must arrange the test.
A negative test result is required to update your Clearinghouse status to “not prohibited.”
3. Maintain Compliance with Follow-Up Testing
To keep your “not prohibited” status, you must follow a testing plan set by the SAP.
This includes at least six unannounced follow-up tests within the first 12 months of returning to duty.
If you are an owner-operator, your C/TPA will oversee your follow-up testing plan.
4. Clearinghouse Record Retention
Your drug and alcohol violation remains in the Clearinghouse for five years from the violation date or until you successfully complete the follow-up testing plan—whichever is later.
Following these steps ensures you regain eligibility to perform safety-sensitive functions under DOT regulations.
