DOT violations:
Commercial drivers must go through the DOT return-to-duty process if:
Driver:
Tested positive on a DOT drug test,
Fail the DOT alcohol test, or
Refuse to take a drug or alcohol test required by the DOT.
Car carriers have practical knowledge of how much alcohol a driver is drinking:
Within four hours of going to work,
When on duty,
Within eight hours of a commercial motor vehicle (CMV) collision.
The car carrier actually knew that the driver used the following drugs:
listed on Schedule l (such as cannabis); or
is a non-Schedule I drug that affects a driver's ability to safely operate a CMV. It's not a violation if the doctor prescribing it tells the driver it's safe to use it while on duty.
Practical knowledge occurs when a motor carrier is provided with information indicating a DOT test violation. This can be learned by:
the driver enters,
Drug or alcohol use observed by the carrier,
A traffic ticket for driving a CDL CMV while under the influence of drugs or alcohol,
As part of a DOT drug and alcohol investigation, a previous employer's response, or
CDL Drug and Alcohol Clearinghouse Lookup.
When a motor carrier learns of a new employee's testing violation, it must obtain evidence that the driver has completed the return-to-work process. Otherwise, auto carriers will have to start the return-to-work process or pick up where they left off.
To restore safety-sensitive functions, the driver must complete the following return to work steps in Subpart O of Part 40.
