Chicago Accident Lawyer Blog
When a commercial truck driver fails a drug or alcohol test or refuses to take one, federal law does not simply allow them to get back behind the wheel the next day. Instead, the law requires a specific process to protect the public, and at the heart of this process is the Substance Abuse Professional.
Under 49 CFR Part 40, a Substance Abuse Professional is a specially credentialed professional who evaluates drivers who have violated the Department of Transportation’s drug and alcohol testing rules. Substance Abuse Professionals are not just counselors; they are federally recognized gatekeepers with the power to determine whether a driver can return to safety-sensitive duties such as operating a tractor-trailer. To qualify, an Substance Abuse Professional must be a licensed physician, psychologist, social worker, employee assistance professional, or certified drug and alcohol counselor, and must undergo DOT-approved training and testing.
Once a driver tests positive or refuses testing, the employer must immediately remove that driver from duty. At that point, the Substance Abuse Professional steps in. The Substance Abuse Professional conducts a face-to-face evaluation, determines whether the driver requires education, treatment, or both, and develops a rehabilitation plan. Only after the Substance Abuse Professional certifies that the driver has complied with these recommendations can the driver take a return-to-duty test. Even then, the process is not over. Federal rules require the Substance Abuse Professional to design a follow-up testing schedule that the employer must enforce, often lasting years and involving numerous unannounced tests.
The law is clear that no employer may allow a driver to return to duty until the Substance Abuse Professional process is complete. This requirement exists because a truck driver who abuses drugs or alcohol poses a catastrophic risk to everyone on the road. When trucking companies look the other way—by ignoring the Substance Abuse Professional process, cutting corners, or allowing a driver to return without compliance—they are not just breaking federal law. They are endangering lives and opening themselves to devastating liability.
At Zneimer & Zneimer, we carefully examine whether carriers complied with the Substance Abuse Professional process after a failed or refused test. If a company put an impaired driver back on the road without clearance, that violation becomes a powerful piece of evidence in holding the company accountable for the injuries and losses caused by a crash. If you or loved one was injured in an accident, contact the Chicago trucking accident attorneys at Zneimer & Zneimer PC.