Follow-Up Testing Plan Confidentiality

I’ve been hearing a lot of frustration from truckers about employers revealing the details of the follow-up testing plan set by the Substance Abuse Professional (SAP). This issue seems to be widespread and getting worse. It’s important to understand that the Department of Transportation (DOT) does not want drivers to know their follow-up testing plan. However, many employers are sharing this information freely.

Why Keeping the Plan Confidential Matters

When an employer tells a driver, “Your follow-up testing plan lasts for 2 years,” it can send the wrong message. It might imply that after those two years, the driver can go back to old habits with less risk of being caught. This defeats the purpose of the follow-up testing plan, which is to ensure ongoing compliance and safety.

What Employers Should Do

Don’t Give In: The SAP has the authority to modify the plan at any time, and increasing the plan is a way to address breaches of confidentiality.

Actions SAPs Might Take

Some SAPs have responded to breaches of confidentiality by increasing the duration or frequency of the follow-up tests. According to 49 CFR Part 40 Section 40.307(f), a SAP can modify the plan at any time. So, if an employee knows their plan, the SAP can extend it or add more tests to ensure compliance.

Conclusion

For both truckers and employers, it’s crucial to understand the importance of keeping follow-up testing plans confidential. This helps maintain the integrity of the testing process and ensures safety on the roads. Employers should strictly follow the guidelines and support their employees in complying with these regulations. By adhering to these practices, we can all contribute to a safer and more compliant trucking industry.