When a DOT employee Tests Positive

The federal regulations outline specific actions employers must take when an employee tests positive on a DOT drug or alcohol test. Here’s a summary of these crucial steps, based on § 40.23:

Immediate Actions for Verified Positive Drug Test Results

(a) Verified Positive Drug Test:

• Immediate Removal: As soon as you receive a verified positive drug test result, you must immediately remove the employee from performing any safety-sensitive functions. This action must be taken upon receiving the initial report and not wait for the written report or the result of a split specimen test.

(b) Verified Adulterated or Substituted Drug Test:

• Refusal to Test: If the test result is verified as adulterated or substituted, treat it as a refusal to test. Immediately remove the employee from safety-sensitive duties upon receiving the initial report, without waiting for the written report or split specimen test result.

Actions for Alcohol Test Results

(c) Alcohol Test Result of 0.04 or Higher:

• Immediate Removal: Remove the employee from safety-sensitive functions immediately upon receiving the test result.

(c) Alcohol Test Result of 0.020 to 0.039:

• Temporary Removal: Temporarily remove the employee from safety-sensitive functions, as per applicable DOT agency regulations. Do not wait for the written test report.

Return-to-Duty Process

(d) Return-to-Duty Conditions:

• Completion of Process: An employee with a verified positive, adulterated, or substituted test result, or any other DOT drug and alcohol regulation violation, cannot return to safety-sensitive functions until they successfully complete the return-to-duty process outlined in Subpart O.

Handling Dilute and Cancelled Test Results

(e) Dilute Specimen:

• Follow §40.197: Take actions as specified in §40.197 when a drug test result indicates a dilute specimen.

(f) Cancelled Invalid Test Requiring Direct Observation:

1. New Specimen: Direct the employee to provide a new specimen under direct observation immediately.

2. No Consequences: Do not impose consequences other than the requirement to collect a new specimen.

3. No Advance Notice: Do not inform the employee in advance about the need for the new test.

4. Proper Documentation: Ensure the collector notes the same reason and DOT Agency on the CCF as for the original collection.

5. Direct Observation: Make sure the new collection is conducted under direct observation.

(g) Cancelled Test When Negative is Required:

• Immediate Action: Direct the employee to provide another specimen immediately when a negative result is required (e.g., pre-employment, return-to-duty, or follow-up test).

Additional and Prohibited Actions

(h) Additional Requirements:

• Compliance with DOT Agency Regulations: Follow any additional actions required by specific DOT agency regulations, such as reporting certain positive drug tests to the Federal Air Surgeon for FAA regulations.

(i) No Alteration of Test Results:

• Integrity of Results: Do not alter drug or alcohol test results transmitted by an MRO, BAT, or C/TPA.