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Return to duty is Not the reason for test used when someone that has been out of work for an extended period of time comes back to work.
Return To Duty – Testing type used only when an employee/applicant that has had a positive test and is returning to a safety sensitive position.
Alcohol Test Collection Problems
- Donor is unable to provide a sufficient amount of saliva or breath for an alcohol test to be completed.
Within 5 days a physician acceptable by the employer and the donor must evaluate the donor. You must give the physician the following information: - “The donor was unable to provide a sufficient breath specimen to complete a required DOT alcohol test”.
- If there is no medical reason, the donor is considered to have refused to test. This is treated as a positive result.
- The physician is required to determine that a medical condition has, or with a high degree of probability could have, or has not, caused the donors inability to provide a sufficient breath specimen.
The Alcohol Test Result
- A Positive result must be confirmed using a qualified breath alcohol confirmation test.
- Qualified breathalyzers and alcohol screening devices are listed on the NHTSA conforming products lists.
- Breathalyzer tests will give a numeric results.
Results of .02 - .039
- Results of .02 to .039 donor must temporarily be removed from performing safety-sensitive functions - refer to your appropriate DOT mode (ex. FMCSA, FTA etc.) For further guidelines.
- Do not wait to receive the written report of the result of the test.
A result of .02-.039 does not require a referral to a Substance Abuse Professional (SAP) or a return to duty test.
Results of .04 or higher
- Results of .04 or higher, you must immediately remove the employee involved from performing safety-sensitive functions and refer them to an SAP.
- DOT return to duty process must be completed before returning to performing safety-sensitive functions.
All results must go into the employees qualification file.
Record Retention Requirements
As the employer you must obtain the following records:
5 years
Records of alcohol test results indicating an alcohol concentration of 0.02 or greater
- Records of verified positive drug test results
- Documentation of refusals to take required alcohol and/or drug tests (including substituted or adulterated drug test results)
- SAP reportsAll follow-up tests and schedules for follow-up tests
- 3 years
Information obtained from previous employers under §40.25 concerning drug and alcohol test results of employees. - 2 years
Records of the inspection, maintenance, and calibration of Evidential Breath Tests (EBTs) - 1 year
Records of negative and cancelled drug test results and alcohol test results with a concentration of less than 0.02
You must maintain the records in a location with controlled access. You must ensure that you can produce these records at your principal place of business in the time required by the DOT agency.
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