Information for Employees with Positive, Adulterated or Substitute Test Results

You have recently been notified by telephone that your urine drug test/alcohol test was positive. Your employer is required to remove you from your safety sensitive position. If you are self employed you cannot perform safety sensitive functions. If you have applied for a safety sensitive position you cannot be hired.
According to new regulations that became effective January 2001, an adulterated or substituted specimen is considered a refusal to test, which is the same as a positive test. If you are already employed and you have a positive urine specimen or alcohol test your employer is obligated to remove you from your safety sensitive position. You may have lost your job also, depending on your company’s drug and alcohol policy.
If you are a licensed maritime captain or mate the Coast Guard will be notified and your privileges will be suspended. If you are a licensed commercial pilot you will be reported to the Federal Air Surgeon and you cannot occupy a safety sensitive position. If you have a DOT commercial driver’s license you cannot drive a commercial motor vehicle or work on a vehicle.
All the above can resume their safety sensitive positions only if you follow certain steps in the evaluation and education/treatment process which has been setup and required by the Department of Transportation.
I want to point out certain aspects of this program that are very important. First of all nobody is accusing you of being a drug addict or alcoholic. The DOT is concerned about safety and as a result you must follow the protocol. Please do not think that this drug test result or alcohol test result will go away. According to the new regulations a new employer or company for which you are applying for a safety sensitive position is required to have you sign a release to get all drug and alcohol testing information from your previous employers. You must complete all the evaluation and education/treatment steps to clear yourself if you fail a pre-employment test or are terminated from a company after failing a random or other type of drug or alcohol test.
Depending upon your company’s policy, your company may agree to pay for the education/ rehabilitation process and then return you to your original safety sensitive position once you complete the program. If you were terminated or If the test that you were found positive for was a pre-employment test and you were not hired, then you are responsible for making sure you complete the education/rehabilitation process in order to return to a safety sensitive position when applying for another job position.
As a service to you, Land Sea and Air Medical Review and myself as the MRO can manage your education/ rehabilitation process if you are not employed or do not have an employer who will return you to the safety sensitive position once you have completed the education and rehabilitation process. You are required to complete the education/ rehabilitation process as described by the Department of Transportation and the agency of the DOT for which you are affected.
It is important for you to understand that under the amended and revised regulations when you apply for a safety sensitive job position your new employer is required to inquire about your previous drug and alcohol testing history from your former employer.
Please contact my office if you want us to sponsor your education/ rehabilitation process. You will be required to sign a Sponsorship Agreement.
The following are the steps that you must follow and complete:
  1. You must be removed from your safety sensitive position.
  2. You must be evaluated by a Substance Abuse Professional (SAP). Your employer is required to provide you with a list of SAPs in your area. If you have a problem locating a SAP, please call my office for help. Please access the hyperlink for SAP to understand more about the SAPs function and your role.
  3. Written evaluation and recommendations of substance abuse professional must be sent to Dr. Panzer and your Human Resources administrator or the person in charge of your Anti Drug and Alcohol misuse program.
  4. You must follow the recommendations of the substance abuse professional.
  5. Once you have completed these recommendations, a letter of completion must be sent to Dr Panzer and your Human Resources Administrator or person in charge of your company’s drug and alcohol testing program.
  6. Your employer's DER (Designated Employer Representative) will then inform you when you are to have a return to duty urine drug test and /or alcohol test performed. Once the test is negative you will be informed by your company or Dr Panzer when you can return to your safety sensitive position or apply for a safety sensitive position.
  7. You will be placed on an unannounced follow-up testing program.  You can expect a minimum of 6 tests, depending on the recommendations provided by the SAP.   If all the tests have been negative and you have met all the SAP's education and treatment recommendations, you will have complied with the DOT rehab requirements.
  8. Any positive test will be grounds for immediate dismissal.
  9. You should be familiar with the safety position that you wish to return to with and what agency of the Department of Transportation regulates your safety sensitive position.

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