If you recently failed a DOT drug test, you may be worried about job security. Will you be able to go back to work after the Return-to-Duty process? Will your employer give you a second chance? Are employers required to rehire employees after a SAP program? Let’s explore your options so you can regain employment as quickly as possible.
Employers Must Have a Written Second-Chance or Zero-Tolerance Policy
The Department of Transportation leaves the matter of hiring up to the employers. This means that employers are neither required to fire nor rehire an employee after completing the RTD process.
With that said, employers are obligated to have a written policy in place. This could be a zero tolerance policy, meaning that all employees are terminated after a failed drug test, or it could be a second chance policy. In the case of a second chance policy, the employer must outline the stipulations, including when a second chance will or will not be given.
The Benefits of Second Chance Policies for Drug-Free Workplaces
While there are no rules that force an employer to rehire after a positive drug test, there are benefits to having a second chance policy in place. Drug-free workplaces with this option experience:
- Lower liability risks and exposures
- Higher productivity levels
- Fewer workplace accident, leading to fewer workers’ compensation claims
- Higher morale levels
- Lower turnover rates
- Improved attendance
- And happier workers overall
If you are debating which policy to offer at your workplace, consider how a well-structured second chance program could help in the long run.
Employers Decide If an Employee Can Perform Select Job Duties after a Failed Drug Test
Workers are not allowed to complete safety-sensitive job duties after a failed drug test. However, they can perform tasks outside of that realm, with the permission of their employer. For instance, the employee may be permitted to do data entry work or custodial work within the building as they complete their return-to-duty program. Once again, it is the employer’s decision whether or not to offer this opportunity.
Up until now, failing a DOT drug test will not cause you to lose your CDL. However, FMCSA has announced that starting in November of 2024, drivers who test positive will be placed on a “prohibited status”. They will lose their commercial driver licenses and not be issued learning permits until they complete the federal return-to-duty process.
Employees Must Complete a SAP Program before Resuming Safety-Sensitive Job Duties
Whether you get rehired with your current employer or seek work in another DOT-regulated position, you must complete a SAP program before being released for safety-sensitive work. This will occur at the guidance of a DOT-qualified Substance Abuse Professional. If you need to find a qualified SAP, contact ASAP. They will match you with a SAP in your area, and you can get a personalized plan to get back to work. 85% resume work after completing a SAP program with ASAP.
