Frequently Asked Questions


Why do Owner-Operators Need a C/TPA in the RTD Process?

Guidance through Complex Regulations: The RTD process can be complicated, and a C/TPA is experienced in navigating the regulations and requirements of the FMCSA, ensuring that the owner-operator doesn’t miss any important steps.

  • Scheduling and Coordination: A C/TPA can help schedule and coordinate all necessary tests (RTD, follow-up, etc.) and ensure they are done with the right collection sites, at the right times, and in accordance with DOT standards.

  • Clearinghouse Compliance: The C/TPA can help ensure the owner-operator’s information in the FMCSA Clearinghouse is updated properly, ensuring they are cleared to return to work once they have met all requirements.

  • Expert Support: A qualified C/TPA can also help the owner-operator understand and comply with all the necessary steps, from finding the right SAP to completing follow-up testing and ensuring documentation is properly filed.

Summary:

A C/TPA plays a critical role in assisting owner-operators through the Return-to-Duty process. They provide support from the moment of the violation (positive test or refusal) through to the completion of the RTD process, ensuring that the driver adheres to DOT regulations, maintains compliance, and is eligible to return to work as quickly as possible.

By partnering with a reliable C/TPA, the owner-operator ensures they are following all the necessary steps, completing required treatments, passing the necessary tests, and ultimately clearing their name in the FMCSA Clearinghouse, allowing them to return to driving.

What services does a C/TPA provide?

Answer: A C/TPA typically manages all aspects of drug and alcohol testing programs, including:

  • Conducting and scheduling random drug and alcohol tests.

  • Providing guidance on FMCSA regulations.

  • Managing the collection and testing process (urine, saliva, hair, etc.).

  • Reporting test results to employers.

  • Ensuring compliance with DOT regulations, including the FMCSA Clearinghouse.

  • Administering training programs for supervisors.

  • Ensuring proper documentation and recordkeeping.

Can you help with clearing violations in the FMCSA Clearinghouse?

Answer: Yes, C/TPAs often assist employers with managing FMCSA Clearinghouse violations. This includes reporting and clearing violations such as positive drug test results, refusals to test, and return-to-duty processes. They can also guide employers on how to ensure their drivers are in compliance with the Clearinghouse requirements.

How do I handle a positive drug test result or a refusal to test?

Answer: If a driver tests positive or refuses to test, the C/TPA will help navigate the proper steps:

  1. Referral to Substance Abuse Professional (SAP): The driver must be referred to a qualified SAP for evaluation and treatment.

  2. Return-to-Duty Process: The driver must complete the necessary rehabilitation and testing before being allowed to return to duty.

  3. Reporting to FMCSA Clearinghouse: Positive test results and refusals are reported to the FMCSA Clearinghouse, where they are publicly available to employers.


Can a C/TPA help with pre-employment drug testing?

Answer: Yes, C/TPAs typically offer pre-employment drug testing services. They will guide the employer through the required procedures and ensure that the drug testing results are recorded and reported in compliance with FMCSA regulations. They may also help with background checks to ensure the prospective employee is in good standing with the FMCSA Clearinghouse.

How long do records need to be kept for drug and alcohol testing?

Answer: DOT regulations require that records related to drug and alcohol testing be maintained for a minimum of five years for certain violations (e.g., positive test results, refusals). Records for non-violation tests (e.g., random testing) must be kept for one year.

How can I make sure my drivers understand the drug and alcohol testing policy?

Answer: C/TPAs typically offer training sessions for supervisors, drivers, and other personnel involved in the testing process. This includes:

  • Explaining the policies and procedures for drug and alcohol testing.

  • Clarifying what constitutes reasonable suspicion and the steps to take if a supervisor believes a driver is under the influence.

  • Outlining the consequences of violations.

What happens if a driver refuses a drug or alcohol test?

Answer: A refusal to test is treated the same as a positive test result and is a violation under DOT regulations. The driver must go through the SAP process before returning to duty, and the refusal is reported in the FMCSA Clearinghouse.