Q. What type of DOT tests must an employer provide in order to hire a driver who has completed the referral and evaluation process with a SAP, but still needs a return-to-duty test before the driver may perform a safety-sensitive function?
A. An employer may give the driver a single DOT drug test that will meet both the requirements of §382.301(pre-employment test) and §382.309 return-to-duty test (RTD). [§382.309, Question 1]. But the single test must be characterized as a DOT return-to-duty and conducted under direct observation.. In other words, a DOT RTD will suffice for a DOT pre-employment test, but a DOT pre-employment test will not suffice for a DOT RTD test.