How Many Follow-Up Drug Tests Are Required After the SAP Program?
Getting your "Notice of Compliance" from your SAP feels like crossing the finish line, but there's a catch: returning to duty triggers a strict, federally mandated follow-up testing protocol. Here's exactly what you can expect.
The DOT Minimum Requirement
According to 49 CFR Part 40, the Department of Transportation requires an absolute minimum of six (6) unannounced follow-up tests within the first twelve (12) months of returning to safety-sensitive duties.
However, this is just the minimum. Your Substance Abuse Professional (SAP) dictates your specific testing plan based on your evaluation, and they have the authority to extend follow-up testing for up to 60 months (5 years).
Direct Observation
It is crucial to know that all Return-to-Duty and Follow-Up drug tests must be conducted under direct observation. This means a tester of the same gender will physically watch the urine leave your body and enter the cup. Failure to comply with an observed test is considered a "Refusal to Test," which has the same severe consequences as a positive drug test.
Who Manages the Schedule?
Your employer manages the testing schedule, not the SAP. The SAP sends the prescribed testing plan to your employer's Designated Employer Representative (DER). The employer is then legally obligated to execute the tests exactly as prescribed.
Because the tests must be completely unannounced, you will not know when they are coming. You cannot schedule them yourself.
What Happens if I Change Jobs?
If you leave your company before completing your follow-up testing plan, the requirement does not go away. Your testing schedule follows you to your next employer.
When you apply for a new job, the prospective employer will run a query on the FMCSA Clearinghouse. They will see that your follow-up testing is incomplete. It will then be their responsibility to obtain your testing plan from your previous employer and manage the remaining tests.
Can the SAP Cancel the Tests?
Once a SAP establishes a follow-up testing plan, your employer must carry it out. However, after the first year is completed (and assuming all tests were negative), an employer can request that the SAP evaluate the driver to see if the remaining tests (if any were scheduled past year 1) can be cancelled. The SAP is the only person authorized to modify or cancel the remaining schedule.
Finding a carrier that accepts Follow-Up Testing
Many carriers don't want the liability of managing a follow-up testing schedule. We've compiled a list of companies that do.
Browse SAP Friendly Companies