How To Survive a PHMSA Failed Drug Test in 2023

Were you told to contact a DOT SAP counselor?

Do you know how to find a DOT qualified SAP near you?

Did anyone explain how the DOT SAP return-to-duty process is designed to help you return to job safely?

In short, employees who work under the Pipeline and Hazardous Materials Safety Administration (PHMSA) are required to undergo a DOT approved SAP return-to-work program before you are eligible to resume safety-sensitive duties.

Finding a DOT qualified Substance Abuse Professional is not the kind of think you want leave up to a word-of-mouth recommendation as your longterm health and financial livelihood are in jeopardy.

So, we created this guide to ensure PHMSA employees are aware of all pipeline drug testing regulations as well as best practices for failed random and pre-employment drug tests in Texas.

PHMSA Background Check Requirements

PHMSA regulations require pipeline and hazardous materials companies under its jurisdiction to implement rigorous drug and alcohol testing programs.

The DOT utilizes a 5 panel drug and alcohol protocol that detects five classes of drugs:

• Marijuana
• Cocaine
• Opiates – opium and codeine derivatives
• Amphetamines and methamphetamines
• Phencyclidine

The goal of the PHMSA drug test panel is to ensure a drug-free and safe workplace, especially since PHMSA employees are often responsible for the safe transport of hazardous materials.

However, under the broader DOT (Department of Transportation) regulations, certain employees in safety-sensitive positions are subject to background checks, specifically when it comes to drug and alcohol violations.

This is often referred to as a DOT Pre-Employment Screening Program (PSP).

Under the PSP:

• Employers can access 5 years of an applicant’s crash history and 3 years of their roadside inspection history from the Federal Motor Carrier Safety Administration’s (FMCSA) Motor Carrier Management Information System (MCMIS).
• Employers can review an applicant’s drug and alcohol violation history in the FMCSA’s Drug and Alcohol Clearinghouse. This database provides information about violations of the FMCSA’s drug and alcohol testing program.

PHMSA regulations do include a requirement for drug and alcohol testing for safety-sensitive positions, which includes pre-employment testing, random testing, post-accident testing, return-to-duty testing, and follow-up testing.

As for broader background checks (like criminal history, financial checks, etc.), these would typically depend on the individual employer’s hiring policies and state laws.

Consequences of a PHMSA Failed Drug Test

A failed PHMSA drug test results in immediate removal from safety-sensitive functions, thereby impacting both the individual and the pipeline industry at large.

Meeting the DOT return-to-duty process requirements can be challenging, particularly for first-time offenders.

This is outlined in Title 49, Code of Federal Regulations, Part 199.

The rule specifies that the employee cannot return to these functions until they successfully complete the DOT return-to-duty process, which includes evaluation, treatment, and follow-up testing.

The PHMSA Drug and Alcohol (D&A) testing regulations detailed in 49 CFR Part 199 mandate operators of pipeline facilities subject to 49 CFR Part 192, Part 193, and Part 195 to test covered employees for the presence of prohibited drugs and alcohol.

Each part regulates different aspects of the pipeline and gas transportation industry.

Part 192 is focused on pipelines used to transport natural gas and other gas.

On the other hand, Part 193 regulates liquefied natural gas (LNG) facilities used in the transportation of gas by pipelines subject to the pipeline safety regulations in Part 192.

Finally, Part 195 is concerned with pipelines used to transport hazardous liquids or carbon dioxide.

While it is important for employees who have failed a DOT drug test to understand these regulations, it’s even more crucial to find an experienced DOT SAP counselor who can answer your questions and explain each step in the process.

Questions in Texas? Call 817-781-7235 for a free phone consultation with a SAP counselor or search SapList using your zip code to find a DOT qualified SAP near you.

Cost of SAP Return-to-Duty Program

The PHMSA employer is not required to provide rehabilitation, pay for treatment, or to return the employee to safety-sensitive duties even upon successful completion of the return-to-duty process.

Some employers offer EAP programs to offset the cost of the DOT SAP return-to-duty program, so employees should inquire about this potential benefit with their employer.

The cost of a DOT qualified Substance Abuse Professional (SAP) can vary based on several factors, including geographical location, level of experience, and the complexity of your individual case.

Expect to pay approximately $400-$500.

Recovering from a PHMSA Failed Drug Test

Entering the SAP return-to-duty program after a PHMSA failed drug test involves multiple stages.

First, a thorough substance abuse evaluation is conducted by a DOT qualified Substance Abuse Professional (SAP), which could include a history of arrests or convictions related to substance abuse.

A SAP may also inquire about the person’s current employment situation and involvement in personal hobbies or interests.

These can act as potential distractions from substance use, providing positive channels for energy and time.

A key part of this discussion will involve understanding the individual’s goals for treatment.

• Becoming completely substance-free.
• Learning coping mechanisms to prevent relapses.
• Improving relationships damaged by substance use.

The SAP may recommend a course of education and/or treatment to address the issues leading to the failed drug test.

After completion of this course, a follow-up evaluation ensures compliance with the initial recommendations.

A return-to-duty drug test is then necessary, along with meeting ongoing requirements to maintain safety in the pipeline industry, which typically includes follow-up testing and other requirements as stipulated by the SAP and the employer.

Importance of Preparing for the Unexpected

Navigating a PHMSA failed drug test can be challenging, but being prepared and informed makes the journey easier.

Whether you’re in the pipeline industry or other safety-sensitive sectors, understanding the return-to-duty process and your employer’s obligations can make a significant difference.

Also, knowing the resources available, such as where to find a DOT qualified SAP, could be a lifesaver in unexpected situations.

DOT SAP Return to Duty Program

While dealing with a PHMSA failed drug test can feel isolating, it’s important to remember you’re not alone.

Many have navigated this path before, and sharing your experiences can help others in similar situations.

Reading and disseminating reliable information can create a ripple effect, enhancing safety in the pipeline industry and beyond.

If you need a substance abuse assessment in Texas, consider clicking expert advice to schedule an assessment online.

Frequently Asked Questions 🙋

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