Whenever a commercial driver who possesses a commercial driver’s license (CDL) that falls under the purview of the Federal Department of Transportation (DOT) tests positive for alcohol or drugs or has a refusal to test, they are flagged in the FMCSA Clearinghouse as not eligible to drive. At that point the driver must complete the Return to Duty process.
What is the FMCSA Return to Duty Process?
This consists of having an evaluation by a Substance Abuse Professional (SAP), following all recommendations made by the SAP, and then producing a negative return to duty alcohol or drug test. Until all these steps are complete, the driver’s status in the clearinghouse will remain flagged as ineligible to drive. The return to duty SAP evaluation is designed to differentiate those who have likely been abusing chemicals and those who may be dependent on substances. In both events, recommendations are made for either an education class or treatment. The DOT mandate ensures that drivers receive education or the treatment they need to remain sober or make better decisions about use.
Why did the State of Minnesota Downgrade My CDL?
The Federal Motor Carriers Safety Administration (FMCSA) branch of the DOT has enacted new policy requiring all individual states to work in conjunction with the FMCSA and the clearinghouse to impose additional sanctions on drivers who failed or refused a test requiring them to go through the Return to Duty Process. Effective November 2024, the state of Minnesota will be downgrading driver’s CDL if they have a violation listed in the clearinghouse. The state of Minnesota is simply complying with the FMCSA new policies. Drivers will have a narrow time limit to get their CDL back in good standing with the clearinghouse otherwise their CDL will be downgraded by the state as well. The reality of this situation is that drivers will now have an additional step to complete once they have had their evaluation, completed recommendations, and produced a negative test in order to get their status back to eligible in the clearinghouse. After that, drivers will need to go into their local DMV office to get their CDL reinstated.
Why is the FMCSA Making it so Hard for Me to Get Back to Work?
The are several branches of the DOT such as FAA, FTA, Railroad, Coast Guard, and Pipeline supply in addition to the FMCSA. The FMCSA has some of the highest rates of failures and refusals and is the branch with the most covered workers. The FMCSA is trying to raise the standard for drivers, get them to take testing and chemical use more seriously, and may be trying to make it more cost prohibitive for those substance abusers to return to work. The DOT has always been about ensuring the safety of the general public. The vehicles driven on the road with the public have great potential to cause harm to others and the FMCSA wants to make every effort to ensure drivers are safe and sober.
How Do I get my CDL Back in Good Standing so I can Drive?
If you have failed or refused a test and have been marked ineligible to drive in the clearinghouse, you will need to complete the Return to Duty process. This requires you to meet with a Substance Abuse Professional (SAP), complete all recommendations and provide your SAP with proof of completion, and produce a negative alcohol or drug return to duty test. After that, you will have to visit your local DMV to have your CDL reinstated before resuming work and driving.
If you need to complete the return-to-duty process, feel free to contact IPC so you can schedule an appointment with Dr. Chris Anderson, Psy.D, LP, SAP who is DOT certified SAP. Please call us now at 763-416-4167, or request an appointment on our website: WWW.IPC-MN.COM so we can sit down with you and complete a thorough assessment and help you develop a plan of action that will work for you. Life is too short to be unhappy. Find the peace of mind you deserve.
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