Short Answer

Follow up testing is the series of unannounced drug and/or alcohol tests an employee must complete after returning to safety-sensitive duty following a DOT violation. Under 49 CFR § 40.307, the SAP sets a follow-up testing plan requiring at least six unannounced tests in the first 12 months back on duty, and the SAP may require more tests and extend the plan up to 60 months. Under 49 CFR § 40.309, the employer is responsible for actually administering those tests on a genuinely unannounced, unpredictable schedule.

The SAP's Follow-Up Testing Plan

The SAP, not the employer, decides the specifics of the follow-up testing plan: how many tests, how often, for how long, and whether the plan covers drugs, alcohol, or both. The regulation sets a floor of at least six unannounced tests in the first 12 months of safety-sensitive duty after return. The SAP can require more than the minimum and can extend the plan for up to 60 months total, depending on the SAP's professional judgment about the individual employee.

The Employer's Responsibility to Administer Testing

Once the SAP sets the plan, the employer must ensure the tests actually happen. 49 CFR § 40.309 requires that these tests have no predictable pattern and are spread reasonably through the period the SAP directs. An employer cannot, for example, test the employee on the same day of the month every time, since that would defeat the purpose of unannounced testing.

Follow Up Testing vs. Ongoing Aftercare

Follow up testing is a testing requirement, separate from any continuing care or aftercare services the SAP recommends, such as ongoing counseling or support group participation, addressed under 49 CFR § 40.303. An employer may require participation in recommended aftercare as part of a Return to Duty agreement and may monitor compliance with it, but doing so does not substitute for, or reduce, the employer's separate follow-up testing obligation under 40.309.

Applicable Regulations

• 49 CFR § 40.307 sets the SAP's authority and minimum requirements for the follow-up testing plan.
• 49 CFR § 40.309 sets the employer's responsibility to administer unannounced follow-up tests with no predictable pattern.
• 49 CFR § 40.303 addresses ongoing aftercare recommendations, which are distinct from the follow-up testing requirement.

Professional Observation

In my experience, employees often assume six tests total is the whole obligation. That is only the regulatory minimum for the first year. Many SAPs require additional tests, and the plan can run well beyond 12 months depending on the individual's circumstances.

Common Misconceptions

Misconception

Follow up testing always lasts exactly one year.

Reality

The regulation requires a minimum of six unannounced tests in the first 12 months, but the SAP can extend the plan and require additional tests for up to 60 months.

Why the Confusion Occurs

The 12-month, six-test minimum is the figure most often cited in general summaries, which can make it sound like a fixed rule rather than a floor the SAP can build on.

Frequently Asked Questions

Who decides how many follow-up tests I need?

The SAP determines the number, frequency, duration, and type of follow-up tests, based on an individualized evaluation.

Can follow-up testing end early?

The plan runs for the period the SAP directs, subject to the regulatory minimum. Any question about ending a plan early should go through the SAP and employer, not be assumed unilaterally.

Related Articles

• What Is a Return to Duty Test?
• What Happens During the Follow Up SAP Assessment?

Primary Authorities/Sources

• 49 CFR § 40.307, SAP's follow-up testing plan
• 49 CFR § 40.309, Employer's follow-up testing responsibilities
• 49 CFR § 40.303, Ongoing services after Return to Duty

Questions About Your Follow-Up Testing Plan?

Your SAP can explain the specific plan that applies to your situation and how long it is expected to run.

Schedule a Consultation