According to the latest data provided, around 120,000 drivers with a prohibited status haven't initiated the Return-to-Duty (RTD) process. The DOT updates this statistic monthly(ABOVE), but it does not provide an explanation for why this number is so high. In fact," FMCSA said it does not have its own research or data that illustrates why commercial drivers with Drug and Alcohol Clearinghouse violations have not started the readily available return-to-duty process, or what kind of work the individuals pursue after becoming prohibited from operating commercial motor vehicles that require a commercial driver license". If they took the time to listen to the drivers, they are told exactly what the problem is. The "FMCSA routinely hears from individual drivers who report that hiring motor carriers often have zero-tolerance company policies and will not consider applicants who are in the return-to-duty process and require follow-up testing", yet they have not mentioned any plans to correct this oversight. The FMCSA has prohibited these drivers from working and require them to undergo the RTD process. Upon completing the initial four steps, the clearinghouse expects drivers to secure employment with a restricted CDL, while also being identified as drug users. For many drivers, reinstating their status depends on finding a company willing to hire a drug user without a CDL, a situation that seems exceptionally challenging. An alternative method to complete step 5(rtd test) and regain status without relying on an employer seems a simple fix. Unfortunately, the FMCSA continues to overlook the need for an official solution.
It is surprising how difficult it is to find resources or a direct link to the DOT for drivers to get real help from real people. Currently, in the event of a failed drug test, the FMCSA sends an email or letter notifying the CDL driver of a new violation, providing no guidance for those without an employer. There are thousands of drivers currently applying for jobs with a drug violation and a prohibited cdl and no way to get resources or help when no company is willing to hire a drug user. Where do they file a complaint, or find out who can answer questions about the policy. How can this unfair and discriminating practice be challenged? It really seems as if the DOT wants to make anyone who fails a drug test unemployable. Until someone takes on this fight and solves the problem, we will help who we can.
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