NEW Information (edited by Dr. Kurt Meininger, DC, CME, C/TPA - 08/08/26):
Finding A New CDL Job (Post SAP Violation):
Now that you have a "past history" showing a "Violation" in the Clearinghouse... every time you apply for a new CDL job... they will see your "Open Violation" status in the Clearinghouse.
This will often throw a "red flag" at your application.
Remember... your Violation will appear in the Clearinghouse for:
- 5 years from the violation date... or
- Upon completion of the "Follow-up testing plan (STEP 6)...
...whichever one of these two take longer to complete.
Good News... all you need to do is complete STEP 5 and you will be eligible to Reinstate your CDL... and have an active license!
You DO NOT need to complete STEP 6 in order to find a job!
Some employers will say "they CANNOT hire you until you complete STEP 6"... but that is only their way of politely saying... "go away... we don't want to deal with you".
Remember... STEP 6 is like "PROBATION"... and it takes over a year to complete and it consists of several "observed drug and/or alcohol tests".
The Employer, by Federal Law, is obligated to manage and facilitate these additional Follow-up tests for you.
So... if a new Employer starts saying that you need to complete STEP 6... JUST MOVE ON TO THE NEXT ONE!... DONT WASTE YOUR TIME!
There are PLENTY of Employers who advertise that they are "SAP FRIENDLY"!
Here is an example of a Employer that is "SAP Friendly" and what they require:
Clearinghouse SAP Friendly - SAP APPLICANTS CONSIDERED!
Application Requirements:
- 3 months of recent, verifiable, tractor – trailer experience pulling 48-53ft trailers (Class A).
- Must have a valid CDL.
- Must have a valid DOT Medical Card attached to CDL.
SAP Applications Considered:
- No more than 1 violation reported in the FMCSA Clearinghouse.
- Must be completed with Step 5 of the Return-To-Duty process.
- NOTE: CDL drivers may utilize a C/TPA to complete Step 5 of the Return to Duty process.
Just Google "SAP Friendly CDL Jobs near me"...
I have a "short list" of job leads... OTR and Local... if you are interested... text me.
Here's What To Do If Your Employer Will NOT Help You With STEP 6:
Consequences of an employer NOT managing their employees Follow-up testing plan...
The employer is fully responsible for scheduling and managing the unannounced follow-up tests... it’s their duty under FMCSA rules... not the driver’s.
The SAP counselor tells the employer the Follow-up plan and they have to make it happen and report everything to the Clearinghouse.
If the tests are NOT done, the driver gets treated like he refused or violated again!
That means immediate removal from safety-sensitive work... a new violation in the Clearinghouse... and having to restart the whole SAP and return-to-duty process!
There are real penalties for the driver... even though it’s the employer’s job.
What I recommend to do ASAP:
- Email your SAP counselor and ask them to directly email your employer (not you)... in writing... exactly what the follow-up plan is... number of tests... timeline.
- Discuss this with your employer and say, “You need to schedule these... it’s federal law.”
- If the language barrier is bad... or they have absolutely "no clue" what your talking about... suggest they use an interpreter or their consortium or a third-party administrator "C/TPA" to handle the testing program.
- If they still won’t do it... you should consider finding a new employer fast... because this can blow up your CDL again.
This stuff is strict... better to switch jobs than risk another violation.
STEP 6 (Probation Period)... Here's Everything You Need To Know:
STEP 6 is also known as the "Probation Period"... "Follow-up Testing Plan"… which is created specifically for YOUR CASE by YOUR SAP.
You CANNOT start STEP 6… according to the FMCSA… until you start driving a CDL truck with a “DOT Regulated” company… driving under their authority!
*The only exception to this rule is if you are an "Owner Operator" driving under your own authority… then you can start STEP 6 immediately!
But, If you are currently unemployed… looking for a CDL job… or if you are doing a different type of job (like Uber or driving a Box Truck)… then you CANNOT start STEP 6.
It is perfectly fine to POSTPONE your follow up testing plan. It doesn’t matter if it takes you 3 months or 6 months or up to 2 years to find a CDL job… you can POSTPONE your STEP 6.
After you get your new CDL job… YOUR EMPLOYER will need to contact your SAP… who will email your follow-up testing plan… NOT to YOU… but directly TO YOUR EMPLOYER!
The SAP’s follow-up testing plan is confidential and you are NOT allowed to ask or know.
The SAP’s follow-up testing plan consists of a minimum of 6 observed drug tests… sometimes more. Sometimes breath alcohol is also included…
Every SAP is different and every follow-up testing plan is specific and unique according to YOUR case.
These drug tests are spread out over a whole year or more... and are managed directly by your EMPLOYER.
When your EMPLOYER orders you to take a "Follow-Up" drug test... you have to proceed immediately to the collection site... This STEP 6 plan is very similar to the normal random drug and alcohol program... whereas you never know when your going to be picked or sent for another drug test.
Your EMPLOYER has the authority and will manage your Follow-Up testing plan. They will eventually upload your very last follow-up test date... which complete STEP 6… inside your Clearing house.
If your EMPLOYER has questions related to STEP 6… and NEEDS HELP on HOW to MANAGE your follow up testing plan… they need to call their designated C/TPA for assistance.
If your EMPLOYER would like to HIRE ME as their designated C/TPA... they are welcome to contact me!
I will walk them through the entire RTD process and STEP 6... explain all the details and compliance rules... and if they want my expertise... they are welcome to Authorize and Designate me as their C/TPA!
Your EMPLOYER can call us and schedule any type of drug test for you or any of their other employees... including Follow-Up, Return to Duty, Random, Post Accident and Pre-employment!
In addition... I can also set them up with a DOT Consortium - Random Drug & Alcohol Program... for all the CDL drivers in the company! The fee for the entire company is only $275 per year for the Certificate of Participation... plus additional fees for any drug testing throughout the year.
For more information... your EMPLOYER can contact me at 678-925-1878.. or email me drkurtmeininger@gmail.com
Your SAP is only authorized, according to the FMCSA rules, to send your "confidential" Follow-Up Testing Plan to your EMPLOYER.
Your EMPLOYER will randomly schedule your follow-up drug tests for you.
Your EMPLOYER can require you to take several drug tests within the same month… they can mix it up anyway they want!
Remember these "observed" drug tests are NOT planned out in advance... they are meant to be like a "random" drug test.
Hopefully your employer will pay for your entire Follow-up Testing Plan… but if they want you to help cover the costs of the drug tests, then they might deduct the amount from your paycheck.
Keep in mind that you will also be enrolled in their normal Random drug and alcohol program… along with all the other drivers in the company.
Typically an employer will automatically pay for Random and Pre-Employment drug tests… but NOT necessarily your Follow-up Testing Plan.
Your Federal drug violation stays inside the Clearinghouse for 5 years from the beginning of your violation or until you complete STEP 6… which ever is LATER or takes LONGER.
If you have any questions, feel free to contact me anytime.
Dr. Kurt Meininger 678-925-1878.. or email... drkurtmeininger@gmail.com