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6.5.6 Follow-Up Testing (Under Direct Observation)

A substance abuse professional (SAP) will establish a mandatory follow-up testing plan. See 49 CFR 382.311.

  • The employer must ensure that the follow-up testing is carried out.
  • A minimum of six follow-up tests must be conducted in the first 12 months.
  • The driver may also be subject to follow-up tests during the 48 months of safety-sensitive duty following the first 12-month period.
  • The employer must report the date a driver’s follow-up testing plan is successfully completed to the Clearinghouse by the close of the third business day following the date on which the employer obtained the information.

Note that a driver’s follow-up testing plan is not recorded in the Clearinghouse.

See 49 CFR 40.287 and 49 CFR 40.23 for additional motor carrier responsibilities following a CMV driver’s positive/refused drug test.

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