The Return to Duty Process
The return-to-duty process is for workers who have violated their employer’s alcohol or drug policy, who have self-reported a substance abuse problem, or violated US DOT alcohol/drug regulations. The process is crucial for maintaining safety and compliance. It not only ensures that those individuals can safely return to their safety-sensitive positions, but it is also an essential part of an employer’s workplace safety, labour standards, and human rights obligations
Six Step Process
SAP’s are only involved in the first three steps.
- Step One: Complete an initial SAP assessment
The first step is to schedule your assessment. Our assessment consists of two parts: A series of online forms and questionnaires that can take up to 1 hour to complete, and a face-to-face online assessment session.
The online forms and questionnaires must be completed before the assessment appointment.
- Step Two: Complete the SAP’s recommendations (your action plan)
Each worker participating in the RTD process is required to successfully complete one or more of the following: alcohol/drug education classes, alcohol/drug counseling, and/or addiction treatment (either residential or outpatient). Some recommendations are quick and easy, while others may take a couple of months to complete. Any costs associated with these recommendations are in addition to the assessment fee.
- Step Three: Follow-up Session
This is step consists of a face to face evaluation over ZOOM. The costs for the follow-up session are in addition to the
assessment fee. In this session we will review the recommendations. You will be expected to discuss the
recommendations and share your insights about your experience completing them. At the end of this session I’ll
determine if you’re eligible for safety-sensitive duty or if you need to complete additional recommendations.
Your employer, current or future, is responsible for the remaining steps.
- Step Four: Return to Duty Testing
The employer must wait for the SAP’s (Substance Abuse Professional) approval before sending you for a return-to-duty test. If you are a DOT regulated worker this test is done under “direct observation”. For non-regulated workers this requirement is determine by your employer.
A negative result from the return-to-duty test is required for you to be eligible for safety-sensitive duties. If the return-to-duty test is positive, it constitutes a new violation, and you will need to restart the entire return-to-duty process. Once you successfully complete this step, you’ll be eligible for safety-sensitive duties. If you are a DOT-regulated worker, your employer will enter your test results into the Clearinghouse, and the Prohibited status will be removed from your Clearinghouse profile.
If your return-to-duty test is negative, you be eligible to return to safety-sensitive duty. All employment decisions, including returning you to duty, are the responsibility of the employer.
- Step Five: Follow-up testing (monitored probationary status)
To complete the Return to Duty process, you must fulfill a follow-up testing plan. This essentially acts as a monitored probation period that may last up to five working years. Please note that the follow-up testing plan is not provided to you.
You will remain in this status until you complete your follow-up test plan. Follow-up drug testing will be conducted under “direct observation.” All follow-up tests will be unannounced and performed without any noticeable pattern. If you test positive on any follow-up test, you will be immediately removed from safety-sensitive work and must restart the return-to-duty process.
- Step Six: Completing the Return to Duty Process
If you are a DOT regulated worker, after your final negative follow-up test your employer will report the completion of your follow-up test plan to the Clearinghouse. Once this happens, your return to duty process is officially complete! All information related to your failed/refused DOT drug test or failed alcohol test will stay on your Clearinghouse record for 5 years from the date the violation was initially reported.