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Note:

6.5.5 Return-to-Duty Process and Testing (Under Direct Observation)

Before an employer allows a driver to return to duty to perform a safety-sensitive function after the driver has violated prohibitions of 49 CFR 382, Subpart B, that driver must first do the following:

  • Be evaluated by a substance abuse professional (SAP).
  • Participate in/complete the treatment program prescribed.
  • Pass a drug and/or alcohol return-to-duty test with the following results:
    • Alcohol with a result indicating an alcohol concentration of less than 0.02; and/or
    • Controlled Substances with a result indicating a verified negative result for drug use.
  • Have a documented follow-up testing schedule.

See 49 CFR 40, Subpart O—Return-to-Duty Process.

A return to duty test can be used as pre-employment test when a pre-employment test is required and the new employer would be required to conduct both tests on the same day. See 49 CFR 382.309.

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